Benjamin A. Durie

Benjamin A. Durie is a Partner in the San Francisco office of Hooper, Lundy & Bookman, P.C.  His practice involves healthcare-related business transactions and general corporate representation for healthcare entities.

Representative matters include work with acute care hospitals in purchase and sale transactions (entire life cycle of transaction including due diligence, regulatory issues, document negotiation and state and federal approval process), work with healthcare facilities on a variety of regulatory, operational, corporate governance, tax exemption and fraud and abuse compliance matters (with particular emphasis on physician-hospital relationships), and work with healthcare facilities on self-disclosure obligations under the Stark Law and Anti-Kickback Statute.

Recently, Ben has focused on assisting clients with the implementation of alternative payment models (including ACOs, Clinically Integrated Networks, CMS Innovation Models) and structuring agreements between acute and post-acute providers. 

Ben speaks and publishes regularly on fraud and abuse matters and on regulatory issues implicated in health care transactions.

Ben graduated from the University of California, Berkeley in 2003 with a degree in Political Economics and received his J.D. from the University of Arizona, James E. Rogers College of Law in 2008.

Professional Affiliations

• California Society for Healthcare Attorneys, Board of Directors
• California Society for Healthcare Attorneys, Publications Committee
• American Health Lawyers Association, Fraud and Abuse Practice Group

Presentations & Speaking Engagements

• Recent Developments in Inducement Enforcement, Healthcare Financial Management Association (September 17, 2018)
• Self-Disclosure and the 60-day Repayment Rule, LACBA Healthcare Law Section, 12th Annual Healthcare Law Compliance Symposium (October 1, 2015) (co-presenter)
• Recent Developments and Practical Tips or Stark Self Disclosure, CSHA Annual Meeting & Spring Seminar, Huntington Beach, April 19, 2015 (co-presenter)
• The Dangerous New World of Healthcare Mergers, Acquisitions, and Joint Ventures, California Society for Healthcare Risk Management Webinar, November 17, 2014.
• Guest Lecturer at the University of California, Hastings and the University of California, Berkeley on healthcare fraud and abuse topics.

News

Health Law Perspectives

Other Publications

Publications

Author, The Stark Law: Comprehensive Analysis and Practical Guide, Sixth Edition (American Health Lawyers Association, 2018)

Health Care Compliance Professional's Manual, Behavioral Health Chapter, Wolters Kluwer Law & Business (August 20, 2015).

Making Way for MACRA: Positioning for Payment Reform, BNA's Health Law Reporter, 24 hlr 1163 (Sept. 3, 2015).

Fraud and Abuse Concerns in the Increasingly Frantic Health Care Transaction Landscape, AHLA Fraud & Abuse Newsletter (June 2015).

Navigating Due Diligence: Sensitive Information and Pitfalls, Co-Author, Business Law News, Issue Number 2 (2015) 

Halifax Case Signals Greater Stark Law Enforcement, Author, Health Law Perspectives, Vol. 16, No. 6, June 2014

Heightened Enforcement of Privacy and Security Laws Creates New Liability and Compliance Challenges for Providers and Business Associates. BNA Health Law Reporter (Sept. 24, 2009).

Will the Shift to Medicaid Managed Care and the Accompanying Shift in Power to the States Create A Second Tier System For Medicaid Beneficiaries? ABA’s Health Law Litigation Newsletter (Winter, 2008).