Patricia S. Hofstra represents a broad range of healthcare clients, helping them with day-to-day legal issues, including corporate matters, mergers, transactions and regulatory compliance.
Corporate Governance
Advisor to numerous Not for Profit and For Profit Corporations, Corporate Boards and Partnerships regarding
- Corporate documents
- Articles of Incorporation
- Bylaws
- Shareholder Agreements
- Minutes and Resolution
- Contracts
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Conflicts of interest
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Fiduciary duties
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Removal of directors
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Indemnification agreements
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Reserve powers of parent entities
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Delegated powers of corporate boards
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Authority of corporate boards
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Compliance Plans
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Legal and regulatory compliance
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- Government audits
- Risk management and litigation
- Corporate and partnership breakups
- Rights and responsibilities of corporation and its members
- Voting rights
- Access to books and records of corporation and partnership
What Makes Patricia Different
I am a creative yet practical problem solver. My purpose is to help my clients get from where they are to where they want and need to be as efficiently as possible. As a former healthcare provider, I know the business of healthcare as well as healthcare law inside and out. I am a trusted advisor to my clients, working both for and alongside them to create optimal outcomes.
Representative Matters
Represented Sports Medicine Fairbanks in the sale of practice to a hospital.
Represented Arkansas Specialty Orthopedics in a merger with another orthopedic practice.
Represented emergency medicine group practice in sale of practice to publicly traded entity.
Represented a physician-owned specialty hospital in sale of 20 percent interest to not-for-profit system.
Represented a large physician group in merger with competitor.
Represented a clinical laboratory in the sale of the business for over $100 million.
Represented an anesthesia group in merger with numerous other anesthesia groups.
Obtained Stark Advisory Opinion for client.
Advised client regarding tribal medicine/ Indian Health reimbursement matters.
Successfully represented clients in alleged EMTALA violations.
Successfully represented clients in civil investigation demands.
Successfully represented clients in defending allegations of insurance fraud.
Successfully represented providers in Medicare/Medicaid, insurance, RAC and ZPIC audits.
Successfully represented clients in Joint Commission accreditation appeals.
Successfully represented orthopedic practice in workers compensation and unemployment state tax matter pertaining to independent contractor vs. employee status of physician.
Successfully represented clients in payor audits, overpayment recoupments and compliance concerns.
Created clinically integrated network for surgeons.
Assisted physician practices in corporate reorganizations, drafting compensation agreements, establishing ancillary services, and drafting shareholder and employment agreements.
Created hospital/physician and other provider joint ventures.
Assisted large orthopedic practice in establishing a consulting company.
Created MSOs and GPOs.
Represented hospital-based physician groups with hospital contract negotiations resulting in additional compensation for groups and terms that the client found favorable.
Represented hospital in contract dispute with international nurse recruiting agency.
Represented a physician practice in contract negotiations with Indian Health Service.
Represented physician practices in contract negotiations with school districts, universities and sports teams regarding team physician and athletic trainer services and advised clients on NCAA team physician obligations.
Represented providers in breach of contract matters pertaining to non-competes.
Represented clients in contract termination causes of action.
Represented clients in telemedicine contracting.
Drafted medical staff bylaws for numerous healthcare clients.
Counsel to hospitals, group practices and individual physicians with respect to credentialing and peer review matters.
Counseled clients regarding physician impairment, physician drug diversion and provider performance matters.
Successfully represented multiple physicians in specialty board certification appeals.
Represented clients in on-call and coverage disputes.
Represented clients before state licensing boards.
Counsel to IRBs and previous experience as IRB member.
Drafted new IRB policy manual for hospital client.
Represented IRBs and principal investigators in research misconduct matters.
Mergers and Acquisitions
Regulatory and Accreditation Matters
Corporate Representations
Contracts
Medical Staff and Physician Representation
Research
Admissions
- Illinois
Education
- Ohio Northern University College of Law, J.D.
- The Pennsylvania State University, B.S.N.
Experience
- Duane Morris LLP, Partner
- Bell, Boyd & Lloyd LLC, Partner
- Adjunct Professor at Governor's State University teaching Master's-level health law
- St. James Hospital and Health Centers, In-house Counsel
- Lutheran General Health Care System, In-house Counsel
- American Hospital Association, Staff Counsel
- Ohio General Assembly, Ohio Nursing Home Commission, Attorney
- Various Positions as a Registered Nurse
Professional Activities
- American Health Lawyers Association
- Current Member, Past Vice Chair, Medical Staff, Credentialing Peer Review Practice Group - Illinois Association of Healthcare Attorneys
- Current Member, Past President and Board Member - Women Business Leaders Foundation, an invitation-only premier network for more than 3,500 senior executive women and women board leaders in the healthcare industry. The message of WBL is: to connect and convene senior executive women from across the healthcare industry to create meaningful cross-sector relationships, expand their leadership and harness their collective power to improve the industry.
- National Association of Women Lawyers
Honors and Awards
- Listed in Best Lawyers in America, 2021-2024
- Listed in Illinois Super Lawyers
- Leading Lawyers, 2008-present
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Board Memberships
Board of Directors, SGA Youth and Family Services, 2012-2018
- Board of Directors, Vascular Disease Foundation, 2007-2011
Board of Directors, Jackson Tower Condominium Association, 2008-2015
Personal Interests
- Urban Gardening
- Urban Revitalization for Gary, Indiana
Selected Publications
- Chapter Author, Legal Issues: The Essential Guide to Coding in Otolaryngology, published 2016
- Author, "California Federal Court Upholds Suspension of Privileges for VA Emergency Room Physician," American Health Lawyers Association, May 1, 2015
- Co-author, "The Federal Government's Heightened False Claims Act Enforcement and Prosecution—Recent Trends and Practical Solutions," Health Care Law Monthly, Volume 2013 Issue No. 9, September 2013
- Author, "Purchasing Technology: A Few Things to Consider," Journal of Medical Practice Management, Fall 2013
- Author, 911 Beware Standard Form Software and Hardware Contracts, American Association of Orthopaedic Executives, Summer 2013
- Editor, Record Management Reference 2013 Edition, Illinois Hospital Association, 2013
Media Hits
- Quoted, "Many Patients Worried Health Plan Will Not Cover ED Visit," Emergency Department Management, February 3, 2022
- Quoted, "Discussions on Patient Care Could Become Discoverable," Emergency Department Management, November 16, 2021
- Quoted, "Protect Your Practice Against Payer Audits with These Preparedness Strategies," Orthopedics Today, September 2018
- Quoted, "Removal of CMS Regulatory Language May Leave Providers Vulnerable on EFT Fees," Healthcare Financial Management Association, April 6, 2018
- Featured in "Ask a Healthcare Lawyer: FAQ Edition," American Association of Orthopaedic Executives, monthly
- Quoted in "Be Careful What You Sign: 5 Tips for Avoiding Hospital Employment Nightmares," Doctors Direct Insurance, Summer 2015
Selected Speaking Engagements
- Speaker, "Annual 2020 Conference," Alaska Medical Group Management Association, Girdwood, Alaska, April 2, 2020
Speaker, "Informed Consent: Far More Than a Signature on a Form," Spine Intervention Annual Meeting, August 17, 2018
- Presenter, "Retail Clinics in Healthcare: Overcoming Complex Legal Challenges," Strafford Webinar, March 10, 2016
- Presenter, "ID Theft: Managing Risk and Controlling Damage," Webinar, January 21, 2016
- Presenter, "Best Practices for Responding to Government and Commercial Audits and Recoupment Actions," Illinois Association of Healthcare Attorneys, June 11, 2015
- Presenter, "Retail Clinics in Healthcare: Overcoming Complex Legal Challenges," Strafford Webinar, March 11, 2015
- Presenter, "Mergers and Acquisitions, Legal and Reimbursement Considerations," 2014 LUGPA Annual Meeting Program, Chicago, November 8, 2014
- Presenter, "Health Care Arbitration and Peer Review Hearings," American Health Lawyers Association, Chicago, May 1-2, 2014
- Presenter, "Hospital Employment If I Were Your Counsel and You Were My Client," American Association of Neurological Surgeons, April 2014
- Presenter, "Mergers and Acquisitions, Reimbursement and Legal Considerations," American Urological Association, December 10, 2013
- Presenter, "Medicaid Enforcement Update," Illinois Association of Healthcare Attorneys, November 12, 2013
- Presenter, "Surgeons: The Move from Entrepreneur to Hospital or Health System Employee," Webinar, May 10, 2012