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Richard P. Church

Partner
+1.919.466.1187
Fax +1.919.516.2077
+1.312.807.4249
Fax +1.312.827.8000
Mr. Church is a co-leader of the firm’s national health care practice group. He focuses his practice on health law regulatory issues and health care joint ventures, clinical integration and mergers and acquisitions. Mr. Church handles complex 340B structuring, enrollment and compliance matters, Medicare and Medicaid enrollment and reimbursement issues, and health care operational matters. He also handles complex affiliations and transactions between health care providers, including legal compliance, change of ownership filings, and development of post-transaction reimbursement structures. He has been listed in Chambers USA since 2014 for Healthcare – North Carolina.

Professional Background

Mr. Church served as law clerk to the Honorable John T. Noonan, Jr., United States Court of Appeals for the Ninth Circuit. He also holds a Ph.D. in theological ethics from Duke University and previously taught medical ethics as an Assistant Professor of Religion at Wingate University.

Achievements

  • Listed in Chambers USA for Healthcare - North Carolina, 2014 - 2019
  • Nightingale Healthcare News' Outstanding Transaction Lawyer, 2009

Professional/Civic Activities

  • American Health Lawyers Association
  • North Carolina Society of Health Care Attorneys

Speaking Engagements

  • Health Information at the Crossroads: New Uses and Challenges for Integrated Clinical Records, presented to the Physicians and Hospitals Law Institute, February 2019
  • More Data, More Problems: Big Data Issues for the Research Enterprise, presented to the National Association of College and University Attorneys, June 26, 2018
  • Expanding the Scope of Integrated Health Information Records into the Clinical Research Arena: Lessons Learned (HIT), presentation to Physicians and Hospitals Law Institute, sponsored by the Health Lawyers Association, February 7, 2018
  • Building a Compliant and Resilient 340B Program in the Midst of Regulatory Uncertainty, presented to the American Health Lawyers Association, National Association of College and University Attorneys, and Association of American Medical Colleges, January 26, 2018
  • The Tail That Wags the Dog? How Different ACO Governance Structures Affect Operational Decision-Making, presentation to the Business Law and Governance Practice Group and the Accountable Care Organization Task Force, American Health Lawyers Association, January 11, 2017
  • K&L Gates Triage Podcast: Section 603 Site-Neutral Payment: Overview and Payment Mechanism, January 2017
  • 340B Mega-Guidance, presentation to the NC Bar Health Law Section Annual Meeting, April 29, 2016
  • Changes to the 340B Program: What Covered Entitles Must Know, Lorman webinar, March 3, 2016
  • 340B Program Omnibus Guidance, webinar presented to the North Carolina Society for Health Care Attorneys, October 16, 2015
  • Stark Compliance Advanced Discussion Group, Health Care Compliance Association’s 17th Annual Compliance Institute, Washington, DC, April 2013
  • Threat or Opportunity: The New Frontier of ACOs, North Carolina Hospital Association, September 2011
  • Hostage to His Own Cure: Insights into American Medicine From What Wasn’t in the Health Care Reform Bill, East Carolina University Brody School of Medicine Inaugural Lecture in Medical Jurisprudence, April 2011

Additional Information

Publications 
  • CMS Finalizes Hospital Price Transparency Rule and Proposes New Transparency Requirements for Health Plans, November 2019
  • Enforcement Trends in False Claims Act Liability for Patient Assistance Programs, November 2019
  • 340B Update: CMS Maintains Payment Reductions for 340B Drugs in CY 2020 OPPS Final Rule, November 2019
  • 340B Update: CMS Seeks Comments on Acquisition Cost Data Survey, October 2019
  • 340B Update: CMS Addresses Ongoing Litigation and Reimbursement Changes for 340B Drugs in CY 2020 OPPS Proposed Rule, August 2019
  • HHS Issues Proposed Rule to Remove Safe Harbor for Drug Rebates, February 2019
  • Employment Law in the Health Care Industry: 2018 Year in Review, February 2019
  • Approaching Integrated Health Information Databases in 2019 — Data-Sharing , Clinical, Quality, and Research Collaboration, January 2019
  • 340B Update: D.C. District Court Overturns OPPS 340B Reimbursement Cut for CY 2018, January 2019
  • CMS Proposes Changes to Medicare Advantage and Part D Drug Pricing, December 2019
  • 340B Update: HRSA Accelerates Implementation of Long-Delayed 340B Pricing and Manufacturer Penalties Rule, November 2018
  • Trump Administration Drug Pricing Plan Would Tie Medicare Part B Reimbursement to International Prices, November 2018 
  • 340B Update: AHA Proposes Voluntary 340B Program Transparency Efforts, September 2018
  • 340B Update: Hospital Groups File (...and Refile) 340B Program Litigation, September 2018
  • CMS Solicits Comments on Part B Drug Reimbursement Changes Following on President’s Drug Pricing Blueprint, August 2018
  • 340 B Update: CMS Proposes Changes to OPPS Reimbursement for Nonexcepted PBDs, July 2018
  • 340B Update: D.C. Court of Appeals Upholds Medicare Part B Reimbursement Cut, July 2018
  • 340B Update: President’s Blueprint Includes 340B Reforms, the OPPS Litigation Continues, and Other Recent Developments, May 2018
  • 340B Update: HRSA Seeks Fifth Delay of Final Rule on 340B Pricing and Manufacturer CMPs; Budget Document Sheds Light on 340B User Free and Other HRSA Priorities, April 2018
  • Increased Scrutiny of Patient Assistance Programs: Enforcement Overview and Considerations, March 2018
  • 40B Update: Trump Administration’s 2019 Budget and White House Council of Economic Advisors Signal Further Changes to 340B Program, February 2018
  • 340B Update: Hospitals Appeal Ruling on OPPS Reimbursement Cut; House Committee Issues Report Recommending Changes to 340B Program, January 2018
  • Site Neutral Payments - Transaction Concerns, ABA Business and Transactions Interest Group Business Wire, Fall 2016
  • 340B Program Omnibus Guidance: Mega-Changes on the Horizon?, American Health Care Lawyers Association Rap Sheet, November 2015
  • Preparing for Successful Medicare Shared Savings Program Enrollment, co-authored with Darlene Davis and Steve Pine, AHLA Connections, July 2015 
  • ACOs Continue to Expand in Both Public and Private Health Care Arenas, K&L Gates Global Government Solutions® 2015 Annual Outlook, April 2015 
  • Inside the Minds Managing Health Care Transactions “Enrollment Strategies for Managing Successor Liability in Health Care Transactions” Chapter Author, 2012, Aspatore Books
  • Health Care Program Compliance Guide, Hospice and Nursing Home Relationships chapter, 2012, BNA
  • Global Government Solutions 2011 Annual Outlook: Accountable Care Organizations: A New Frontier in Provider Integration, K&L Gates Publication, January 2011
  • Global Government Solutions 2010: Mid-Year Outlook, K&L Gates Publication, July 2010
  • Hurdles to Health Care Reform, co-authored with Mary Beth Johnston and Amy Garrigues, National Law Journal, September 2009
  • Of the Good That Has Been Possible in This World: Lawyering in Port William, chapter in Wendell Berry and Religion: Heaven’s Earthly Life, The University Press of Kentucky, 2009
  • First Be Reconciled: Challenging Christians in the Courts, Herald Press, 2008
  • The Art of Description: How John Noonan Reasons, 76 Notre Dame Law Review 849, 2001 
  • Represented numerous academic medical centers, health systems, clinical laboratories, pharmacies, long-term care facilities and other post-acute providers in acquisitions, affiliations, and joint ventures. 
  • Represented academic medical centers and health systems in formation of clinically integrated networks for population health management, including enrollment in Medicare accountable care programs and private payor negotiations.
  • Conducted regulatory review of physician contracting arrangements and joint ventures for academic medical centers under state and federal fraud and abuse provisions.
  • Advised providers and suppliers on complex reimbursement, Medicare and Medicaid enrollment, licensure and 340B enrollment matters, including implications related to restructuring of free-standing provider-based locations.
  • Advised clients on numerous 340B drug diversion, duplicate discount, and GPO prohibition compliance reviews, including representation and resolution of numerous Health Resources Services Administration audits.
  • Represented health care providers in the creation of numerous complex data sharing arrangements, including compliance with the the Health Insurance Portability and Accountability Act, the Common Rule, and Part 2.