Emmy S. van den Ban
Special Counsel
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Phone: +1 207 262 5448
- Duane Morris LLP
88 Hammond Street, Suite 500
Bangor, ME 04401-4953
USA
Emmy S. van den Ban represents providers, including hospitals, physicians and physician practices, in complex federal and state regulatory matters, including Medicare and Medicaid reimbursement, compliance with balance billing laws and health center designation. She actively participated in the Maine Hospital Association HIPAA workgroup that identified critical compliance areas for Maine providers through analysis of the impact of the HIPAA privacy standards on Maine laws. Ms. van den Ban also has significant experience with private payor reimbursement, including managed care contracting, federal and state laws compliance and dispute resolution. Her experience includes the representation of several pathology groups in a number of class actions against insurers over disputes involving payment for clinical pathology services.
Ms. van den Ban is a 1995 graduate of St. Louis University School of Law (LL.M., health law), a 1992 graduate of Howard University School of Law (J.D.), and a 1988 graduate of Rijks Universiteit Utrecht (LL.M., business and socio-economic law).
Representative Matters
Represents physicians, emergency department doctors, pathologists, and other healthcare professionals with respect to payors aggressively seeking to recoup payments made to the health care providers.
Represented network of health care providers in arbitration with payor in dispute over payment for health services rendered. Obtained a multimillion-dollar settlement.
Represented ED physicians against payors with respect to downcoding and failing to pay for emergency medical services rendered to the payor’s members.
Admissions
- Maine
- U.S. District Court for the District of Maine
Education
- St. Louis University School of Law, LL.M., Health Law, 1995
- Howard University School of Law, J.D., 1992
- Rijksuniversiteit Utrecht, LL.M., Business and Socio-Economic Law, 1988
Experience
- Duane Morris LLP
- Special Counsel, 2017-present
- Associate, 1999-2017 - Kozak, Gayer & Brodek, P.A., Bangor, Maine
- Associate, 1998-1999 - Sole Practitioner, Laurel, Maryland, 1996-1998
- Senior Citizens Law Center, Pensacola, Florida
- Associate, 1995-1996 - Health Law Clinic, Saint Louis University School of Law, St. Louis, Missouri
- Clinical Staff, 1995 - Office of Hearings and Appeals, Creve Coeur, Missouri
- Judicial Extern, Honorable Joseph J. Simeone, 1995 - Boesebeck, Barz & Partner, Frankfurt, Germany
-Legal Assistant, 1993
Professional Activities
- American Health Lawyers Association
- Maine State Bar Association
- Penobscot County Bar Association
Civic and Charitable Activities
- Mountain Bike Group Ride and Skills Clinic Facilitator, Penobscot Region NEMBA, 2013-present
- Co-Chair, Carrabassett Back Country Cycle Challenge, a mountain bike endurance race to raise money for Carrabassett Region NEMBA and Town of Carrabassett Valley, Maine, 2010-2011
- President, Maine Mountain Bike Association, 2009-2010
- Co-Chair, Campus Crusher, a mountain bike cross-country race to raise money for Jeff Peet Scholarship Fund, 2007-2008
- Mentor, Jump Start Program, YMCA, Bangor, Maine, 1999
- Alzheimer's Association Northwest Florida, Chapter
- Services Committee, 1996
- Member, 1995-1996 - Volunteer Ombudsman, DC Long Term Care Ombudsman Program, 1996
- Volunteer Attorney, DC Legal Counsel for the Elderly, 1996-1997
- Volunteer Attorney, Department of Health and Rehabilitative Services, District Legal Counsel, Largo, Florida, 1994
- Volunteer Legal Assistant, U.S. Army Legal Center, Hanau, Germany, 1993-1994
Selected Publications
- Contributor, Duane Morris Health Law Blog
- Co-author, "Affidavit: Healthcare and the Law - An Examination of Federal Legislative Approaches on Payment of Surprise Bills," The Wharton Healthcare Quarterly, Spring 2020
- Co-author, "State Medicaid Fraud Control Units' Data Mining Likely to Increase Through Federal Funding," Duane Morris Alert, June 11, 2013
- Co-author, HIPAA Marketing and Sale Provisions: Legal Potholes for Providers, Payors, Advertisers, Data Aggregators, Market Researchers and Others," Duane Morris Alert, April 19, 2013; republished by Law360, May 1, 2013
- Co-author, "Overview of 2013 Amendments to HIPAA Privacy, Security, Breach Notification and Enforcement Rules," Duane Morris Alert, January 29, 2013
- Co-Author, "Medicaid Program Provider Self-Audits," Monitoring & Auditing Practices for Effective Compliance, Health Care Compliance Association, 2002
- "An Analysis of the Mandatory Notification Procedure Pertaining to Termination of Life in the Netherlands and Recent Developments," 15 St. Louis University Public Law Review, 411, 1996
Selected Speaking Engagements
- Speaker, "Federal Healthcare Reform: A Primer on the Individual and Employer Mandates and Other Key Features of the Affordable Care Act," John Waldo Ballou Inn of Court Program, Bangor, Maine, April 24, 2013
- Speaker, "HIPAA's Impact on the Employer Health Plan," HIPAA & Medical Record Privacy, sponsored by Maine Bar Association, Augusta, Maine, May 15, 2002
- Speaker, "Physician Employment and Related Immigration Issues," The Maine Health Alliance 10th Annual Physician Leadership Training Program, May 12, 2000