Washington, D.C.

Marion Kristal Goldberg

Of Counsel

Marion Goldberg focuses her practice on health care regulatory and transactional matters. She regularly advises clients in matters involving compliance with fraud-and-abuse laws, including federal and state anti-kickback laws, the Stark law, and the False Claims Act. She also structures and restructures health care entities to comply with those laws. And she has experience with Medicare reassignment and other payment rules. Ms. Goldberg advises clients on compliance with HIPAA and other privacy rules, as well as health care data-breach response.

In transactional matters, Ms. Goldberg draws upon her health care regulatory knowledge to advise health care entities, management companies, private equity firms, and lenders in mergers and acquisitions, formation of joint ventures, and credit facilities. She also advises clients on other contractual arrangements involving health care entities and individuals.

Clients

Ms. Goldberg has represented a wide variety of health care entities, including health care management companies, hospitals and health systems, physician and dental practice management companies, large physician practices, lithotripsy providers, diagnostic imaging companies, ambulatory surgery centers, endoscopy centers, vision service providers, sleep laboratory companies, ambulance companies, pharmacy networks, institutional pharmacies, pharmaceutical companies, disease-management companies, assisted-living centers, substance-abuse treatment providers, skilled-nursing facilities, medical device manufacturers, and home health companies. She also advises private equity firms in their investments in health care companies, and banks in their lending to health care entities and private equity sponsors.

Regulatory Guidance

Ms. Goldberg represents clients in connection with regulatory health care matters. She advises clients in matters that involve compliance with federal and state fraud-and-abuse laws, including the anti-kickback statute, the Stark law, and the false claims act. She provides advice concerning anti-fraud compliance in structuring and restructuring health care entities; formation and structuring of joint ventures, mergers, and acquisitions; contracting with third-party payors; and other corporate transactions involving health care entities. Ms. Goldberg had advised clients on the OIG advisory-opinion process and successfully obtained advisory opinions on behalf of clients. And she represents health care providers in payment disputes with Medicare and other third-party payors.

HIPAA

Ms. Goldberg often represents health care providers, and non-health care entities that provide services to health care providers, in HIPAA compliance. She has guided responses to data breaches and improper disclosures of protected health information (PHI), advising clients on the necessity, nature, and scope of legally required notifications.

Civil Investigations

Ms. Goldberg has represented clients in civil investigations of health care entities and in disputes with government and commercial payors over reimbursement and fraud-and-abuse issues. She has conducted internal investigations and guided clients in settlements with the Office of the Inspector General of the Department of Health and Human Services (OIG).

Representative Regulatory Matters

  • Represented management companies in structuring and restructuring physician joint ventures to comply with the federal anti-kickback statute and the Stark law
  • Represented physician joint ventures providing lithotripsy providers to hospitals and ambulatory surgical centers
  • Represented an institutional pharmacy provider regarding fraud-and-abuse issues in arrangements with skilled nursing facilities
  • Represented an anatomical pathology provider in anti-kickback and Stark Law issues regarding relationships with hospitals and physician practices
  • Represented physician practices in disputes with Medicare and commercial payors regarding filed claims
  • Represented a hospital in its investment in an ambulatory surgery center
  • Represented a physician urology practice regarding health care regulatory issues related to an investment in an IMRT facility
  • Represented a hospital system with regard to health care regulatory issues with Medicare and state regulatory authorities in the acquisition of a hospital
  • Represented a major urban transportation system regarding compliance with HIPAA and state privacy laws by its employee health clinic
  • Represented providers in creation and implementation of fraud-and-abuse compliance programs
  • Represented a provider in the voluntary disclosure to the OIG of the employment of excluded individuals
  • Represented a health care provider in an internal investigation and ultimate return of funds to Medicare regarding defects in submitted claims
  • Represented providers in investigations and settlements with the OIG and negotiation of settlement agreements and corporate integrity agreements
  • Represented clients in obtaining OIG advisory opinions
  • Represented lenders regarding health care issues in credit agreements
  • Represented investment banks as special health care regulatory counsel in what was at the time the largest leveraged buy-out in U.S. history
  • More information can be found in the firm's practice areas.

Corporate Health Care Transactions

Ms. Goldberg has represented clients in a wide range of corporate transactions. Her clients have included management companies, private equity firms, large physician practices, and individual physicians. She has advised them in the formation, sale, and acquisitions of management companies, physician practice management companies, physician joint ventures, ambulatory surgical centers, health imaging providers, and urgent care centers. She has advised management companies in the acquisition of physician practices, physicians in the sale of their practices to hospitals and management companies, and bankers regarding credit facilities.

In health care transactions and lending, Ms. Goldberg conducts due diligence and provides advice regarding health care aspects of transaction documents, including crafting appropriate representations and warranties and covenants. She also advises clients in contracting with a wide range of health care providers and in contracting with third-party payors.

Representative Corporate and Health Care Matters

  • Represented one of the largest management companies in the formation of physician joint ventures to provide lithotripsy services
  • Represented a private equity firm in the sale of a home infusion company
  • Represented physician practices in contracting with physicians, and physicians in contracting with physician practices
  • Represented hospital systems in the purchase of physician practices
  • Represented management companies in the acquisition of physician lithotripsy joint ventures
  • Represented optometrists in contract disputes with a vision provider
  • Represented an institutional pharmacy in the sale of the company
  • Represented physician joint ventures in disputes with a physicians who violated non-competition and non-solicitation agreements
  • Represented a radiology practice in negotiations and contracting with a hospital to provide professional radiology services
  • Represented a skilled-nursing facility in contracting for hemodialysis for residents
  • Represented an infusion company in the sale of the company
  • Represented private equity firms in the acquisition of dermatology practices and physical therapy companies
  • Represented a management company in contracting to provide PET/CT services to physician practices
  • More information can be found in the firm's practice areas.

Compliance and Training

Ms. Goldberg advises clients in the creation of health care regulatory and HIPAA compliance plans, working with company executives to tailor a compliance program to fit the needs of the company. She routinely conducts training in compliance issues for executives and employees both to educate these individuals regarding legal requirements and to understand their obligations under the company's compliance program.

She has trained executives and other corporate employees to recognize and combat fraud and abuse in company arrangements. She also provides training concerning HIPAA compliance issues to health care providers and commercial entities that provide services to health care providers, known as business associates.

Education

Ms. Goldberg received her J.D. with honor from the University of Maryland School of Law. She was elected Order of the Coif and served as an associate editor of the Maryland Law Review.

Ms. Goldberg received an M.S. in Social Work from the Columbia University School of Social Work. She received a B.A. from the University of Rochester in Spanish literature. Prior to entering private practice, Ms. Goldberg clerked for the Honorable Lawrence F. Rodowsky, who was a judge on the Maryland Court of Appeals.

Industry Experience

Before joining Goldberg & Clements, Ms. Goldberg worked in the Washington, D.C., office of Winston & Strawn LLP for almost 16 years, of which she was a partner for more than 13. Prior to joining Winston & Strawn, Ms. Goldberg was an associate at Piper, Marbury, Rudnick & Wolf, LLP, the predecessor to DLA Piper.

Ms. Goldberg is admitted to practice in Maryland and Washington, D.C.

Professional Recognition

Ms. Goldberg was listed as a Recognized Practitioner in Chambers USA 2015.

Professional Associations

Ms. Goldberg is a member of the Health Law Sections of the District of Columbia, Maryland state, and American Bar associations, and she served as chair of the Program and Education Committee of the D.C. Bar's Health Law Section. Ms. Goldberg is a member of the American Health Lawyers Association and served on the Law360 Health Editorial Advisory Board from 2012 to 2016.

Community and Personal Activities

Ms. Goldberg is the Third Vice President and a member of the Executive Committee and Board of Directors of the Jewish Council for the Aging of Greater Washington. She is also the Chair of its Bylaws Committee.