Photo of Joseph R. LaMagna

Joseph R. LaMagna

Partner
  • Boston
    470 Atlantic Avenue
    Suite 1201
    Boston, MA 02210
    T: 617.532.2703
    San Diego
    101 W. Broadway
    Suite 1200
    San Diego, CA 92101
    T: 619.744.7305
  • EMAILVCARDPDF

Education

Cornell University, B.S., 2003

University of San Diego School of Law, J.D., 2006, cum laude

Bar Admissions

  • 2006, California
Profile
Presentations & Speaking Engagements
News
Publications

Joe LaMagna is a partner at Hooper, Lundy, & Bookman, P.C. and has spent his entire legal career advising health care providers in a wide range of regulatory compliance issues and litigation proceedings.  He is also a member of the firm's Fraud & Abuse Practice Group. Joe’s experience has been wide-ranging but always on behalf of providers, suppliers, and practitioners.  Joe is a litigator with a regulatory compliance foundation who has been through trial, arbitrations, mediations, and several administrative hearings and appeals.  Over the years, his experience has become focused on three major areas:

  1. Litigation and defense of audits and government investigations,
  2. Representing hospitals and other providers in payment disputes with managed care entities and other payors, and
  3. Guiding post-acute care providers, such as skilled nursing facilities, home health, and hospice providers, in regulatory litigation and compliance matters.

Mr. LaMagna received his B.S. degree in Industrial and Labor Relations from Cornell University in 2003. He received his J.D. degree, cum laude, from the University of San Diego School of Law in 2006, and was a member of the San Diego International Law Journal. Mr. LaMagna joined Hooper Lundy & Bookman in 2007.

Representative Matters

Joe’s clients have benefited from his expertise in variety of areas ranging from complex civil litigation and administrative matters, to compliance counseling, investigation guidance, and other legal issues arising from the operations of health care providers.  Representative matters for Joe include:

Compliance

  • Provided fraud and abuse training and education to multiple diagnostic laboratory companies, home health providers, and skilled nursing facilities
  • Reviewed proposed business arrangements between providers and marketers for risks and exposure under state and federal law

Administrative Law and Hearings

  • Appeared in hearings involving the California Board of Pharmacy, the California Department of Health Care Services, the California Department of Public Health, and before both the Office of Administrative Hearings and Appeals (“OAHA”), the Office of Administrative Hearings (“OAH”), and the Departmental Appeals Board (“DAB”)
  • Successfully Defended Pharmacy in a hearing seeking revocation of its license
  • Successfully represented skilled nursing facility through hearing in its efforts to receive reimbursement for costs associated with an related entity
  • Currently representing a hospice provider in the longest administrative hearing in history before the OAHA (more than 34 days of hearing thus far)
  • Represented several skilled nursing facilities before the DAB to challenge survey deficiencies

Litigation

  • Managed Care Disputes:
  • Co-chaired a 24-day arbitration involving over 340 claims, securing a favorable decision on all but 7 claims, recovering more than $6.5 million for a hospital network against a national insurer and third party administrator
  • Recovered millions of dollars through negotiations and demand letters, including underpaid trauma claims
  • Represented hospitals in disputes with state hospitals securing recovery of millions of dollars of underpayments
  • Successfully defeated motions to dismiss on ERISA preemption grounds, making it possible for favorable resolution and payment of millions of dollars through mediation and settlement negotiations
  • Successfully challenged state underground regulations in state court
  • Second-chaired and successfully defended skilled nursing provider in a five-day trail initiated by a former patient for alleged unlawful discharge and seeking readmission
  • Successfully opposed motion to certify a class in litigation brought by an uninsured patient alleging that hospitals illegally charged uninsured patients chargemaster rates
  • Handled dozens of lawsuits to challenge A and AA state citations against skilled nursing facilities
  • Negotiated class action settlement alleging violation of patient rights
  • Filed writ to challenge exclusion of non-provider practitioners
  • Successfully challenged illegal recovery of Quality Assurance Fees by the State of California
  • Many successful mediations and settlement negotiations

Responding to Audits and Investigations

  • Represented several pharmacies in responding to audits initiated by pharmacy benefits managers (“PBMs”)
  • Appeared at PBM hearings regarding termination from network
  • Represented dozens of SNFs in rate audits by DHCS
  • Handled dozens of subpoenas, including third party subpoenas, HHS OIG subpoenas, DOJ CIDs, and Department of Defense Tricare subpoenas, involving SNFs, hospitals, and pharmacies
  • Met with various OIG and DOJ attorney regarding investigation findings and settlement demands
  • Represented clients while government executed search warrants, including skilled nursing and ambulance providers
  • Successfully asserted federal Quality Assurance Privilege in state court to stop review of seized electronic data seized pursuant to a search warrant
  • Facilitated dozens of self-disclosures and repayment negotiations, including disclosures the OIG, DHCS, TriCare, and Medicare
  • Led internal investigations for alleged resident abuse, patient deaths, false claims, and kickback arrangements
  • Defended grand jury subpoenas and proffer negotiations with U.S. Attorney’s Office
  • Successfully secured motion to stay civil lawsuit while underlying criminal investigation of SNF continued
  • Successfully secured motion to stay audit appeal proceedings while criminal investigation of pharmacy continued
  • Currently defending pharmacy and its owner in state court for an alleged criminal kickback scheme

E-Discovery

  • Extensive experience with e-discovery protocols, cost-shifting, and e-discovery review platforms, which leads to cost-effective and efficient responses to subpoena and discovery demands
  • Supervised team of more than ten attorney-reviewers in ensuring assertion of privileged documents and challenging breadth of inquiries

Professional Affiliations

  • American Health Lawyers Association
  • California Society for Healthcare Attorneys
  • American Bar Association (Health Law Section)
  • San Diego County Bar Association (Law and Medicine Section)
  • BIOCOM (Reimbursement Committee)

Community/Civic Activities

  • Volunteered with San Diego Legal Aid Society and represented individuals in hearings to appeal denials of applications for public health benefits such as Medi-Cal and County Medical Services. (Recipient of California State Bar’s Wiley W. Manuel Award for pro bono service 2009-2010.)

Honors & Awards

  • 2015 San Diego Rising Stars List by Super Lawyers Magazine.

Presentations & Speaking Engagements

  • Employment Law Constraints on Social Networking Prohibitions; Hospital Council of Northern & Central California Educational Program (2011)
  • Admissions: Key Issues and Practices; California Association of Health Facilities (CAHF) Spring Legislative Conference (2011).
  • Understanding and Complying with the Complex Regulatory Environment to Minimize Exposure to Liability While Sustaining Strong Relationships with Thought Leaders; ExL Pharma’s 5th MSL Best Practices (2009).

Publications

Screening for Excluded Providers; Chapter 13 of the California Hospital Association (CHA) Hospital Compliance Manual (Rev. 2011).

Special Report: HR1 – The American Recovery and Reinvestment Act; Health Law Perspectives (contributing author) (2009)

Recent Developments Affecting Hospice Reimbursement and Conditions of Participation; Health Law Perspectives (contributing author) (2009)

For media inquiries, please contact Barrett McBride at 916.456.5855.