Michael B. Lampert

Partner

lampert-michael-b
  • JD, University of Virginia School of Law, 2003; Order of the Coif; Editor, Virginia Law Review; Dillard Fellow
  • AB (Government; Spanish), summa cum laude, Bowdoin College, 2000; Phi Beta Kappa

Qualifications

  • Massachusetts, 2003
  • Honorable Robert J. Cordy, Supreme Judicial Court of Massachusetts
  • American Health Lawyers Association
  • Teaching Hospitals and Academic Medical Centers Practice Group Educational Committee
  • The Best Lawyers in America (2018-2019)
  • Legal 500 (2016)
  • Massachusetts Super Lawyers - Rising Stars (2009, 2013-2018)

Michael B. Lampert

Partner

Michael Lampert provides strategic, regulatory, and transactional advice to clients including health systems, colleges, universities, schools of medicine and academic medical centers, medical device and pharmaceutical companies, investors, physician practices, laboratories, and emerging providers. He has extensive familiarity with fraud and abuse laws, in both an advisory and enforcement context, conflicts of interest standards, and other regulation such as Medicare reimbursement rules, requirements of the LCME and other accreditation bodies, the Food, Drug & Cosmetic Act, and HIPAA. Michael also advises in mergers, acquisitions, restructurings, affiliations, and financings in both the for-profit and nonprofit context. In addition, Michael guides clients in rigorous compliance program assessment and development projects against the backdrop of, and as a component of, investigations arising from allegations of significant noncompliance.

Experience

  • Academic Medicine – Advised a university in a strategic assessment and redesign of the relationship between its school of medicine and affiliated health system.
  • Hospital Operations and Transactions – Provided ongoing regulatory and transactional advice to a multi-state hospital system. Matters include hospital and physician practice acquisitions; ambulatory care management arrangements; development of accountable care organization and other structures for participating in innovative reimbursement models; hospital-physician relationships; internal compliance investigations; and representation in front of federal oversight and enforcement agencies.
  • Compliance – Counseled a major Midwestern university in investigation of allegations of research misconduct and grant noncompliance, and assessment of related systems of compliance and oversight.
  • Enforcement – Represented medical device manufacturers in investigations involving the Department of Justice, the HHS Office of Inspector General, and other agencies, with allegations involving the Anti-Kickback Statute and the Food, Drug & Cosmetic Act, and resolutions ranging from no-action decisions to formal settlements and negotiation of a Corporate Integrity Agreement.
  • Conflicts of Interest – Worked with a teaching hospital in conducting an internal review of its individual and institutional conflicts of interest policies; an assessment of relationships with affiliated spin-off development companies; and development of conflict management plans.
  • Incentive Compensation – Advised a hospital in development of a new incentive compensation system for currently employed and newly recruited physicians across varying specialties.
  • Privacy – Counseled an emerging, consumer-focused and web-based health informatics provider in structural and operational HIPAA compliance.
  • International – Advised an academic medical center in the structuring and development of international teaching and clinical programs across three continents.
  • Pro Bono – Assisted a pro bono client in its organization of a charitable health care network in several Latin American countries and at the Vatican.

Publications

Presentations

  • Speaker, “The New AdvaMed Code,” Ropes & Gray Webinar (February 14, 2019)
  • Presenter, “Alternative Payment Models and Related Regulatory Issues: Stark Law, Anti-Kickback Statute, Gainsharing, PIP, MLR,” Strafford (December 5, 2018)
  • Presenter, “Considerations for US Healthcare Providers Seeking to Do Business in China,” U.S. Cooperative for International Patient Programs (November 29, 2018)
  • Moderator, “A Global Reach: Considering International Affiliations,” Consero Healthcare General Counsel Forum (October 29, 2018)
  • Speaker, “Tips and Tricks for Managing the Unique Elements of Health Care Transactions,” Bloomberg BNA Webinar (October 5, 2016)
  • Speaker, “Money and Data in Risk-Bearing Provider Networks: Fraud and Abuse, Privacy, and How to Have Your Cake and Eat it Too,” Healthcare Law & Compliance Institute (March 2016)
  • Michael Lampert, Thomas O’Neill and Wes Porter, “Corporate Integrity Agreements: Lessons Learned from Implementation, for Companies with and without a CIA,” AHLA Fraud and Compliance Forum (September 27, 2015)
  • Speaker, “Stark Law:  Issues with Academic Medical Center and School of Medicine Relationships” University HealthSystem Consortium Legal and Compliance Council Annual Meeting (May 2015)
  • “Corporate Integrity Agreements: Lessons Learned from Implementation, for Companies with and without a CIA” Michael Lampert and Jeffrey Kahn, “AMCs Go Global:  How Can It Happen and What Does It Mean?,” American Health Lawyers Association Program, Legal Issues Affecting Academic Medical Centers and other Teaching Institutions
  • Panelist, “CLE - Medicare Hot Topics: Payment, Audit, and Enforcement,” Boston Bar Association (September 16, 2014)
  • Michael Lampert, “Compliance Trends & Strategies: Trends in Enforcement & Resolution,” Medical Device Manufacturers Association Annual Medical Technology Executive Forum
  • Michael Lampert and Christopher McDermott, “Conflicts of Interest in Research: Issues Presented by the 2010 PHS Proposed Rule,” American Health Lawyers Association Program, Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions
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