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Attorney

David E. Schweighoefer

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Biography

David is a partner in Brouse McDowell's Health Care Practice Group. He represents and counsels clients regarding transactional legal guidance and strategic advice. Typical matters include regulatory compliance, corporate compliance program development, provider insurance contracting, RAC and ZPIC audits and appeals, Federal reimbursement overpayments, employment contracts, vendor agreements, and practice acquisitions and mergers. He has knowledge in designing and implementing Stark-compliant physician compensation programs, anti-kickback reviews for DME, home health, long term care providers and medical device companies. David advises hospital providers on HCQIA Fair Hearing procedures, medical staff bylaws and assists these providers with HIPAA and security risk analyses, and breach notification protocols.

David has assisted facilities and providers to operate successfully in changing regulatory environments; achieving and maintaining regulatory compliance with the Joint Commission Standards, AOA, CMS, ODMH, and the Ohio Department of Health, as well as interpreting Medicare Physician Fee Schedule issues and outpatient-based provider matters. 

David currently serves as outside General Counsel for a large non-profit provider of mental health and housing services, and he has extensive experience in the area of behavioral medicine. Prior to law school, he served as a Hospital CEO at hospitals in Milwaukee and northeast Ohio, and COO of a multi-hospital regional system. He has experience in the design, development and implementation of behavioral medicine services as well as new construction and renovation of inpatient and outpatient programs. David is an adjunct professor for Cleveland State University’s Cleveland-Marshall College of Law, where he teaches courses in Fraud and Abuse, Health Care Law, Psychiatry and the Law, and HIPAA, and the University of Pittsburgh School of Law, teaching Professional Judgement and Ethics.

  • Biography

    David is a partner in Brouse McDowell's Health Care Practice Group. He represents and counsels clients regarding transactional legal guidance and strategic advice. Typical matters include regulatory compliance, corporate compliance program development, provider insurance contracting, RAC and ZPIC audits and appeals, Federal reimbursement overpayments, employment contracts, vendor agreements, and practice acquisitions and mergers. He has knowledge in designing and implementing Stark-compliant physician compensation programs, anti-kickback reviews for DME, home health, long term care providers and medical device companies. David advises hospital providers on HCQIA Fair Hearing procedures, medical staff bylaws and assists these providers with HIPAA and security risk analyses, and breach notification protocols.

    David has assisted facilities and providers to operate successfully in changing regulatory environments; achieving and maintaining regulatory compliance with the Joint Commission Standards, AOA, CMS, ODMH, and the Ohio Department of Health, as well as interpreting Medicare Physician Fee Schedule issues and outpatient-based provider matters. 

    David currently serves as outside General Counsel for a large non-profit provider of mental health and housing services, and he has extensive experience in the area of behavioral medicine. Prior to law school, he served as a Hospital CEO at hospitals in Milwaukee and northeast Ohio, and COO of a multi-hospital regional system. He has experience in the design, development and implementation of behavioral medicine services as well as new construction and renovation of inpatient and outpatient programs. David is an adjunct professor for Cleveland State University’s Cleveland-Marshall College of Law, where he teaches courses in Fraud and Abuse, Health Care Law, Psychiatry and the Law, and HIPAA, and the University of Pittsburgh School of Law, teaching Professional Judgement and Ethics.

  • Professional & Civic Activities
    • American Bar Association, Member
    • American Health Lawyers Association, Member
    • Cleveland Metropolitan Bar Association, Member
    • Ohio State Bar Association, Member
    • Ohio Hospital Association, Member
    • Cleveland State University Marshall College of Law, Adjunct Professor, 2006 to present
    • University of Pittsburg School of Law, Adjunct Professor, 2017
    • Cleveland State University, School of Nursing Visiting Committee, 2017
    • Emergency Medical Services Outreach Fund of Hudson, Co-founder, Member, Board of Directors, 2010 to present
    • Cleveland-Marshall College of Law Advisory Council for Health Law and Public Policy Center, Member, 2009 to present
    • The Free Clinic, Cleveland, Ohio, Member, Board of Directors, 2008-2013
    • Leadership Hudson, Class of 2009, 2010
    • Mental Health Services, Inc., Cleveland, Ohio – Former Member, Board of Directors, 2007, 2008
    • Behavioral Medicine Work Group, Ohio Hospital Association, Former Chair, 2004, 2005
  • Articles & Presentations
    • "Doctor? It's Time for you Annual Check Up..." MD News Magazine (March/April 2016)
    • "Protecting the Provider-Based Status of Your Satellite Outpatient Clinics," co-author with Michael VanBuren, Cleveland Metropolitan Bar Journal (March 2016)
    • "HIPAA for Self-Insurance," 2015 Roundstone Medical Captive Forum, Speaker, Cleveland, Ohio (August 2015)
    • "Access to Treatment: Barriers and Strategies," Speaker, The LAM Foundation International Research Conference and LAMposium, Chicago, Illinois (March 28, 2015)
    • "The vendor discount dilemma," Long-Term Living Magazine (January 8, 2015)
    • "Wracked by RACs?" Long-Term Living Magazine (December 1, 2014)
    • "Read this ... STAT!" MD News Akron/Canton (November/December 2014)
    • "HIPAA/Compliance Update," Northeast Ohio MGMA Fall Symposium, North Canton, Ohio (September 17, 2014)
    • "Fraud and Abuse in Healthcare Operations," presenter, The Impact of Healthcare Reform on Mental Health Services, Association for Ambulatory Behavorial Healthcare, 46th Annual National Conference, New Orleans, Louisiana (July 21, 2014)
    • "Physician Conflicts of Interest and the Sunshine Act" MD News (March/April 2014)
    • “Overview of the Affordable Care Act," Government Intervention: The 'Free Market' Health Care Industry and the Affordable Care Act Seminar, Cleveland, Ohio (March 28, 2014)
    • "Leadership/Partnerships Across the Care Continuum," Ohio Hospital Association and The Ohio Department of Mental Health (December 2013)
    • “The Affordable Care Act, What We Know Now,” COSE Annual Small Business Convention, Sandusky, Ohio (October 24, 2013)
    • "Health plans must scrutinize contracts," Managed HealthCare Executive Magazine (August 2013)
    • "The Physician Sunshine Act - Answers to the Five W's," Northern Ohio Physician Magazine (July 2013)
    • "HHS authority allows it to delay mandate," Managed HealthCare Executive Magazine (July 2013)
    • "Health Plans: Check Your Contracts!" Managed HealthCare Executive Magazine (July 2013)
    • "Medicaid: To Expand or Not to Expand?" Crain's Cleveland Business (Legal Guest Blog) (June 11, 2013)
    • "6th International Epilepsy Colloquium, Driving, Employment and Medicolegal Aspects of Epilepsy: Case Discussions." The International Epilepsy Colloquium is a joint initiative between the University Hospitals Case Medical Center, the Marburg Epilepsie Zentrum in Germany, the Lyon University Hospital Institute for Children and Adolescents with Epilepsy - IDEE, and the Grenoble University Hospital in France. Cleveland, Ohio (Program: May 22-24, 2013)
    • "The ACA: Impact on Municipalities," guest speaker for the Ohio Municipal Attorneys Association, Cleveland, Ohio (May 3, 2013)
    • "Is the Concept of Managed Care Becoming Irrelevant?" Managed HealthCare Executive Magazine (April 2013)
    • "Reforms could make managed care irrelevant," Managed HealthCare Executive (April 2013)
    • "The Affordable Care Act: Guidance for Employers," seminar presentation (March 26, 2013)
    • "The Affordable Care Act: Guidance for Public Employers," seminar presentation (March 26, 2013)
    • "The ACA: Impact on Municipalities," guest speaker for the Ohio Municipal Attorneys Association, Columbus, Ohio (March 15, 2013)
    • "Healthcare: Evolution or Revolution?" Crain's Cleveland Business (Legal Guest Blog) (December 12, 2012)
    • "The Affordable Care Act," Institute of Management Accountants Annual controllers Workshop, Beachwood, Ohio (November 26, 2012)
    • "What Employers Need to Know About Healthcare Reform and Other Major Developments in Employment Law," seminar presentation, Independence, Ohio (November 30, 2012)
    • "Summary of Benefits & Coverage Webinar," webinar presentation by Dawson Companies (Health Care Reform Legislative Review) (September 19, 2012)
    • "The Accountable Care Act: More Ripples in the Healthcare Pond," Crain's Cleveland Business (Legal Guest Blog) (September 19, 2012)
    • "The Employer Impact of the Affordable Care Act," Crain's Cleveland Business (Legal Guest Blog) (August 19, 2012)
    • "Health Care Reform: Keeping Healthy Individuals in the Market," Crain's Cleveland Business (Legal Guest Blog) (August 15, 2012)
    • "Health Care Reform: A User's Guide," Crain's Cleveland Business (Legal Guest Blog) (July 25, 2012)
    • "Health Law Career Options Fair," panel speaker, Cleveland-Marshall College of Law (2012, 2013)
    • "Ethics and Compliance," Mental Health Services, Inc., training seminar, Cleveland, Ohio (2012, 2013)
    • "EMTALA and the Psychiatric Patient," Greater Cincinnati Health Council, training seminar (2011)
  • Distinctions
    • 2016 Judge Richard Markus Adjunct Faculty Award — April 2016
    • The Best Lawyers in America© through a peer-review survey as listed in Health Care Law section — 2016 - 2018
    • Pioneers of Excellence in Health Care Law, presented by the Cleveland-Marshall Law School Health Law Society, Recipient — April 2011