Health
 
 
 
Rob Mazer handles health law at Ober|Kaler.  

    

Robert E. Mazer
Principal
  remazer@ober.com
410-347-7359
443-263-7559 fax
Contact Rob MazerDownload vCard
 
  Experience  

Rob is a principal in Ober|Kaler's Health Law Group. He represents hospitals, clinical laboratories and other diagnostic services providers, and physicians, particularly with respect to third-party payment, self-referral and fraud and abuse issues, and related business arrangements. Rob advises health care providers how to comply with reimbursement and regulatory requirements for diagnostic services while meeting their legitimate business objectives. He also assists providers facing government investigations and demands for the return of alleged overpayments made by government and private third-party payers.

Rob is a frequent lecturer and author and has spoken at conferences sponsored by the American Institute of CPAs, American Bar Association, American Hospital Association, Clinical Laboratory Management Association, Medical Group Management Association, American Health Lawyers Association and Washington G-2 Reports. For six years, Rob served as co-chair and program coordinator of a conference addressing Financial Representation of Physicians sponsored by the National Health Lawyers Association and/or the Maryland Association of CPAs. Until the committee was dissolved in 1999, Rob was a member of the Health Care Committee of the American Institute of CPAs, and served as chair of its task force on health care compliance and reporting issues.

Rob is co-author of Federal Limits On Physician Referrals-How The Stark Law Affects Your Business Arrangements (Washington G-2 Reports, 1996, rev. ed. 1998); Medicare Anti-Fraud and Abuse: A Guide for Hospitals, Labs & MDs (1992, rev. ed.); and Developments in Medicare Reimbursement for Hospital Services, 1990, 1991 Health Law Handbook (Clark Boardman). He has also written a special section addressing "Legal Issues" in "Business Strategies for Laboratory Outreach Programs" (Washington G-2 Reports, 2002, rev. ed. 2007), and a chapter addressing "CLIA Sanctions & Other Legal Issues" in "CLIA Compliance Handbook" (Washington G-2 Reports, 2007).  Rob also serves on the Advisory Board of Washington G-2 Reports and Laboratory Compliance insider. He is a frequent contributor to Ober|Kaler's Internet publication Payment Matters, including articles addressing Ambulatory Surgical Centers, Independent Diagnostic Testing Facilities ("IDTFs"), Advanced Beneficiary Notices, CMS' unlawful reliance on unpublished payment principles and pathology payment issues.

 
 
    Representative Cases

Providence Hospital of Toppenish v. Donna E. Shalala, Secretary, Department of Health and Human Services (Medicare recognizes actual interest costs incurred by provider participating in system-wide borrowing)

St. Vincent's Medical Center v. The United States (PRRB held to be exclusive forum for Medicare reimbursement disputes between hospital and intermediary)

Whitecliff, Inc. v. Donna E. Shalala, Secretary of Health and Human Services (Medicare depreciation recapture policy held inconsistent with statutory requirement that providers be reimbursed costs actually incurred)

Charlotte Memorial Hospital and Medical Center v. Otis R. Bowen, Secretary of Health and Human Services (Reimbursement of accrued deferred compensation costs required under GAAP)

Mercy Community Hospital v. Margaret M. Heckler, Secretary, Department of Health and Human Services (Secretary's recapture of depreciation contrary to Medicare statute)

 
 
    Admitted

Court of Appeals of Maryland

United States Courts of Appeals for the Third, Fourth, Sixth, Seventh, Tenth, Eleventh, District of Columbia and Federal Circuits

United States Court of Federal Claims

Maryland State Board of Public Accountancy (CPA license currently inactive)

 
 
  Education

University of Maryland School of Law, J.D., 1979

Maryland Law Review, Research Editor, 1978-1979; Member 1977-1978

University of Maryland, B.S., 1975

 
 
   Professional & Community

American Bar Association

American Health Lawyers Association

American Institute of Certified Public Accountants

Health Care Committee, 1996-1999
Chair, Task Force on Health Compliance and Reporting Issues, 1997-1999
Revision Task Force, Healthcare Organizations Audit and Accounting Guide, 2003

Clinical Laboratory Management Association

Maryland Association of Certified Public Accountants

Chair, Health Care Committee, 1990-1992
Co-chair, Financial Representation of Physicians Conference, 1986-1990, 1992

Maryland State Bar Association

Washington G-2 Reports and Laboratory Compliance Insider

Advisory Board

 
 
   Publications & Presentations

Author, "CMS Takes Another Look at Stark 'Stand in the Shoes' Rules," National Intelligence Report, Washington G-2 Reports, 2008

Author, "OIG Reviews Relationship Between Critical Access Hospital and Hospital-based Radiologists," Health Lawyers Weekly, 2008

Presenter, "How the New Stark Phase III Developments Affects your Business," Lab Law, Compliance & Liability Summit, Washington G-2 Reports, 2007

Presenter, "Paths, PODS & Pricing: Getting a Handle on Key Pathology Legal Issues," Lab Institute 2007, Washington G-2 Reports, 2007

Presenter, "Self-Referral & Payment Changes Targeted By CMS — Pathology, Lab & Imaging in the Crosshairs," Audio Conference, Washington G-2 Reports, 2007

Presenter, "Lab Compliance with OIG's Safe Harbor Guidance Concerning Hardware and Software," Executive War College on Lab and Pathology Management, 2007

Author, "Why Don't Doctors Do It In the Office — Medical Practice's Provision of Diagnostic Services Raises Complex Legal Issues," Maryland Bar Journal, 2006

Presenter, "The Maryland Self Referral Statute — Has Anything Changed?" Maryland State Bar Association, Health Law Section, 2006

Presenter, "Latest in Healthcare Compliance: Key Trends & Outlook," Lab Institute 2005, Washington G-2 Reports, 2005

Co-author, "The Office of the Inspector General Takes Another Look at Hospital-based Physicians and Hospital Requests for Free Services," RBMA Bulletin, Radiology Business Management Association, 2005

Presenter, "Fallout from the Anti-kickback Statute and Stark Law: Identifying Risks and Avoiding Penalties with Physician Referrals," Audioconference, Strafford Publications, 2005

Presenter, "Compensation Requirements for Hospital-based Physicians: The OIG's Latest Twist," Audioconference, Washington G-2 Reports, 2005

Author, "OIG's Supplemental Hospital CPG Looks at Hospital-based Physicians," Health Law Alert, 2005

Presenter, "Key Compliance Concerns for Labs in 2005," G-2 Compliance Report Service, Tips on Tape, 2005

Presenter, "Self-Referral Laws," Compliance: Touching All the Bases, Maryland Medical Group Management Association, 2005

Presenter, "Legal Issues in Health Care - Stark, Anti-Kickback, Fraud and Abuse," American Gastroenterological Association, AGA GI Practice Management Skills Workshop, 2004

Presenter, "Hospital-Based Pathologist Compensation: Getting What You Pay For," Lab Institute 2004, Washington G-2 Reports, 2004

Author, "Compliance Perspectives, Stark II - Phase II Rulemaking: Are We There Yet? New Regulations Complete Two-Phased Rulemaking," Compliance Report, 2004

Presenter, "Clinical Laboratory Issues: Navigating Through the Devil's Triangle," 10th Annual Health Law Institute, Pennsylvania Bar Institute, 2004

Presenter, "Avoiding Legal Problems in Laboratory Outreach," Achieving Outreach Leadership For Lab and Pathology Services, Washington G-2 Reports, 2004

Author, "OIG Tackles Discount Issues," Health Lawyers Weekly, 2004

 
 
   Significant Achievements

On two occasions, Rob convinced United States Courts of Appeal to invalidate federal Medicare depreciation recapture policies that had been used to recover tens of millions of dollars from hospitals.

 
 
   Favorite Quote

"The Emperor has no clothes." Too often the lore has become the law, and the legal principle being argued doesn't actually exist.