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Joshua I. Skora

Partner
+1.214.939.6235
Fax +1.214.939.5849
Josh Skora is a partner in the firm’s Dallas office, where he is a member of the health care & FDA practice group. His national practice focuses on representation of public and closely-held health care companies, such as durable medical equipment suppliers and manufacturers, pharmacies, home health and hospice agencies, home infusion providers, ambulatory surgical centers, laboratories, diagnostic testing facilities, telemedicine providers, behavioral health and substance abuse providers, skilled nursing facilities, long term care facilities, and other ancillary health care providers.

Mr. Skora acts as outside general counsel for the majority of his clients, and collaborates with attorneys throughout the firm to address any client need throughout the United States and around the world. Client’s trust his advice because he understands business and litigation risk, the health care regulatory landscape, and that regulatory issues are rarely black and white.

He counsels clients on complex corporate and regulatory issues and disputes, including fraud, waste and abuse, compliance, contracting, reimbursement, Medicare/Medicaid enrollment, overpayment audits and appeals, internal investigations, payor disputes, and investigations by federal and state governmental bodies.

Mr. Skora also maintains an active transactional practice, representing clients on acquisitions, sales, corporate reorganizations and joint ventures.

Professional Background

Prior to joining the firm, Mr. Skora was a health care lawyer at a firm with a national practice. In addition, he formerly served as general counsel for a Minneapolis based medical device manufacturer.

Professional/Civic Activities

  • American Bar Association (ABA)
  • American Health Lawyers Association
  • Dallas Bar Association
  • Secretary, Trustee, The Legacy Senior Communities, Inc.
  • District Enrollment Director, Dartmouth College

Speaking Engagements

  • “Operation Brace Yourself: Lessons Learned from the Trenches and Best Practices to Avoid Investigations Predicated on Third-Party Malfeasance,” Medtrade Advisory Board, Atlanta, GA, October 22, 2018
Health Care Regulatory
  • Represented health care providers and suppliers in in-network and out-of-network Medicare, Medicaid and commercial payor audits and appeals.
  • Represented health care providers and suppliers on Medicare and Medicaid licensure and enrollment issues.
  • Represented health care providers and suppliers in response to Medicare, Medicaid and commercial payor payment suspension, revocations, deactivations and terminations.
  • Represented health care providers and suppliers in conducting internal investigations to identify and quantify overpayments to self-disclose to federal and state regulators.
  • Represented health care providers and suppliers in contract negotiations with payors, vendors and other health care companies.
  • Represented a consortium of durable medical equipment suppliers in challenge to Medicare rates for ventilators.
  • Represented health care providers and suppliers in response to Department of Health and Human Services, Office of Inspector General, Office of Audit Services audits.
  • Represented durable medical equipment providers in preparation and submission of bids for rounds of the Medicare Competitive Bidding Program.
  • Represented medical device manufacturers in response to FDA inquiries.
  • Represented health care companies in structuring, forming, and executing telemedicine models.
  • Represented health care providers and suppliers in response to HIPAA security breaches and compliance with state and federal reporting obligations.
Disputes, Litigation and Government Enforcement
  • Represented medical device manufacturer and durable medical equipment supplier in qui tam lawsuit filed under the federal False Claim Act for alleged fraudulent billing practices in skilled nursing facilities with damages in excess of $700,000,000. After the DOJ intervened, successfully settled the dispute after discovery and dispositive motions concluded and avoided entering into a Corporate Integrity Agreement with the Department of Health and Human Services.
  • Represented health care providers and suppliers in response to Department of Justice subpoenas and civil investigative demands. Prepared materials to present to the Department of Justice, Department of Defense, and the Department of Health and Human Services.
  • Represented a durable medical equipment supplier in successful protests of the Department of Veterans Affairs’ contract award and subsequent solicitation terms to the Government Accountability Office and the Court of Federal Claims.
  • Represented a durable medical equipment supplier against State of Vermont False Claims Act allegations. Successfully settled the dispute and drafted Vermont’s first Medicaid Corporate Integrity Agreement.
  • Represented pharmacies in disputes with Pharmacy Benefit Managers for improper audit deficiencies and network terminations. Obtained temporary restraining orders and injunctions enjoining Pharmacy Benefit Managers from terminating contracts.
  • Represented a durable medical equipment supplier against a Federal class action lawsuit alleging violations of the Telephone Consumer Protection Act. Successfully obtained summary judgement in client’s favor.
  • Represented health care providers and suppliers in state Attorney Generals’ and professional boards’ investigations and disciplinary proceedings.
Corporate and Transactions
  • Represented health care companies (durable medical equipment suppliers, medical device manufacturers, pharmacies, home health agencies, laboratories, skilled nursing facilities, independent diagnostic testing facilities, etc.) in mergers and acquisitions, sales, joint ventures, reorganizations and recapitalizations.
  • Assist clients with corporate governance.
  • Assist clients in managing and conducting due diligence for prospective transactions and investments.