Daniel A.Cody (Dan)

Partner

San Francisco + 1.415.875.5835

Over the past 20 years, Dan Cody has developed a strong understanding of the evolving business and legal challenges impacting health care providers, suppliers, and other entities in the health care sector. Dan's practice has focused on counseling and defending hospitals, health systems, post-acute care providers, and digital health and medical technology companies. Specifically, Dan provides regulatory compliance counseling and leads civil fraud and abuse investigations and litigation, particularly under the civil False Claims Act and similar state laws. He represents clients in regulatory and fraud and abuse matters in federal and state courts and state administrative agency proceedings.

Dan regularly advises health care industry clients on a wide array of complex regulatory compliance issues, including federal and state anti-kickback statutes, federal and state referral prohibitions, state corporate practice of medicine limitations, and evolving provisions impacting telemedicine and delivery of remote services. Dan provides guidance to digital health and medical technology companies in navigating the current health care regulatory scheme. He assists health care and life sciences companies with licensing, accreditation, privacy, and Medicare and Medicaid reimbursement and coverage matters. He has extensive experience interacting with federal and state entities such as the Department of Justice, Centers for Medicare & Medicaid Services, Office of Inspector General, and state administrative agencies.

Dan is a member of the American Bar Association (Health Law Section), American Health Lawyers Association, and California Society for Healthcare Attorneys. Dan is a board member of Larkin Street Youth Services. He has spoken and written extensively on all facets of the Medicare and Medicaid programs.

Experience

  • Innovative primary care clinic expands platform and offeringsJones Day is providing on-going strategic regulatory guidance and advice to a membership-based primary care practice in connection with telemedicine, COVID-19 response, and general health care regulatory and compliance matters.
  • Durable medical equipment company defends against False Claims Act qui tam lawsuitJones Day is representing a durable medical equipment company in connection with a False Claims Act investigation alleging violation of state best price requirements.
  • Hospital system defends against novel federal and state False Claims Act qui tam lawsuitsJones Day is representing a hospital system in connection with two novel federal and state False Claims Act matters alleging improper arrangements with Medicaid managed health care plans.
  • Large digital health company grows operations across U.S.Jones Day advised a large digital health company in expanding operations throughout multiple states in the U.S. and in responding to several state regulator inquiries regarding its operations.
  • Ambry Genetics sold to joint venture formed by Konica Minolta and Innovation Network for up to $1.0 billionJones Day advised Ambry Genetics Corporation, a leading genetic testing corporation, in its sale to a newly formed joint venture between Konica Minolta, Inc. and Innovation Network Corporation of Japan for up to $1.0 billion (including earnouts).
  • The following represents experience acquired prior to joining Jones Day.

    Successfully negotiated a favorable settlement of a national False Claims Act investigation involving cardiac devices on behalf of a hospital system.

    Acted as counsel for several entities in connection with health care reform implementation and potential corporate transactions.

    Achieved an almost complete reversal of a $1.5 million Medicare contractor post-payment review overpayment determination against a physician utilizing a creative administrative appeal/litigation strategy.

    Represented a skilled nursing facility before the Provider Reimbursement Review Board challenging disallowance of certain Medicare bad debt.

    Represented a hospital in a civil False Claims Act investigation of Medicare claims submitted in connection with a clinical trial.

    Negotiated a $3.8 million settlement for a skilled nursing facility as Medicare reimbursement for providing "atypical services" to Medicare beneficiaries.

    Successfully argued that a skilled nursing facility qualified for "new provider"' designation and obtained repayment of $1.2 million in withheld Medicare reimbursement.

    Obtained successful dismissal of federal lawsuits filed against several skilled nursing facilities and hospitals alleging violation of the Medicare Secondary Payer provisions.

    Counseled an institutional pharmacy in its internal reorganization of its pharmacy services delivery system.

    Successfully represented a DME company in connection with a California Attorney General Medi-Cal False Claims Act qui tam investigation.

    Represented a public hospital company in its $150 million high yield bond offering and second offering of $4.5 million in common stock.

    Provided ongoing counsel to Fortune 500 pharmaceutical provider regarding state Medicaid pharmacy reimbursement methodologies, including usual and customer charge/most favored nation limitations.

    Represented MedCath Corporation in connection with general health care regulatory and compliance matters.

    Prepared comments to proposed federal and state legislation impacting clients.

    Speaking Engagements

    • March 14, 2018
      Tackling Disruption: The Telehealth Frontier VM Global Leadership Summit 2018
    • January 26, 2017
      False Claims Act Roundup
    • October 20-21, 2016
      California Minority Counsel Program – 27th Annual Business Conference
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