Charles B. Oppenheim

Charles B. Oppenheim is a member of the firm’s business department and received a 2015 Leading Lawyer Award from The Ambulatory M & A Advisor. His practice includes all aspects of transactional, operational and regulatory healthcare law, including mergers & acquisitions, affiliations, joint ventures and the formation of integrated delivery systems, including 1206(l) medical foundations. Among his clients are many of the largest health care companies and hospital systems in the United States.

A nationally-recognized expert on anti-kickback and Stark Law issues, Mr. Oppenheim co-authored the 2021 American Health Lawyers Association Monograph on Stark Law, the seventh edition of a treatise he first wrote in 1998, which publication was cited by the Fourth Circuit Court of Appeals in United States ex rel. Drakeford v. Tuomey, No. 13-2219, 2015 U.S. App. LEXIS 11460 (4^th Cir. July 2, 2015). Ranked by clients and peers as a top California health care attorney, Chambers USA notes that Charles assists clients with transactional and regulatory issues and is well regarded for his expertise in Stark Law and anti-kickback matters. Sources describe him as “clearly a regulatory expert, with a very strong working knowledge of the landscape.” Clients say, "Charles Oppenheim is an expert in fraud and abuse law, we consult with him whenever we have fraud and abuse issues." "He is a great expert in Stark Law." And, "He is very responsive and knowledgeable. He gives very thought-out advice and has a very good feel for what the market practices are." Another client hailed him as "a premier expert."

Mr. Oppenheim provides counseling to a variety of healthcare provider clients, and has recognized expertise in healthcare gainsharing, pay-for-performance and clinical co-management agreements.  He has served as an expert on anti-kickback and Stark Law issues in arbitration and litigation, in both civil and criminal proceedings. In addition, he creates and implements compliance programs, investigates compliance issues, responds to government enforcement actions, and negotiates settlements for many types of healthcare providers. He also has substantial experience assisting managed care entities and ACOs, including representing both health plans and providers in a variety of transactional and regulatory matters, and is Chair of the firm’s ACO Task Force. He is also a member of the firm's Fraud & Abuse Practice Group.

Mr. Oppenheim received his B.A. Degree from Cornell University in 1984 and his J.D. Degree from Fordham University School of Law in 1988, where he was a member of the Fordham Law Review.

Professional Affiliations

• Past Chair, Health Law Committee of the Business Law Section of the State Bar of California
• Planning Committee Member for the Annual Healthcare Law Compliance Symposium and Past Chair, Healthcare Law Section of the Los Angeles County Bar Association
• California Society for Healthcare Attorneys
• American Health Lawyers Association

Community/Civic Activities

• Donates time and legal services to a number of Los Angeles charities
• Former Chair of the Finance Committee and member of the Board of Trustees of The Accelerated School, a charter school in South Central Los Angeles

Honors & Awards

• Martindale-Hubbell – AV Rated
• Recognized by Chambers as an Outstanding California health law attorney 
• Recognized by Best Lawyers, 2013-2023
  
• Southern California Super Lawyer 2004-2022
• Who’s Who in American Law
• Who’s Who in America
• Guide to the Leading U.S. Healthcare Lawyers
• Recipient of the Leading Lawyer Award for the 2015 Leading Lawyer Awards, The Ambulatory M&A Advisor

Presentations & Speaking Engagements

• Mr. Oppenheim is a frequent speaker and lecturer on Stark Law developments and other healthcare-related topics. He has served as a guest lecturer at the UCLA School of Law and at the UCLA School of Public Health, and frequently lectures on Stark Law to organizations including AHLA, HFMA and HCCA.
• Below is a list of selected recent speaking engagements:
• Physician Integration Arrangements, California Hospital Association, Glendale & Sacramento, February 5 & 13, 2013
• Healthcare Fraud & The Stark Law: Practical Tips for Physician Compliance, Research Study Club of Los Angeles: 81^st Midwinter Conference, February 8, 2013
• Why Hospitals Need to Focus on Readmissions Now, 2013 Los Angeles Regional Symposium: Reducing Hospital Readmission of the Chronically Ill Homeless, June 10, 2013
• ACOs and Other Structures for Physician Alignment, The Conference on Health Reform, Las Vegas, September 26-27, 2013
• Recent Compliance Issues in Healthcare Business Transactions, LACBA 10^th Annual Healthcare Law Compliance Symposium, Los Angeles, October 10, 2013
• Physician Integration Compliance Issues and Qualified Health Plans through Covered California, CHA Annual Compliance Seminar, Sacramento and Long Beach, February 13 & 19, 2014
• Advanced Stark: Using Self Disclosure & Recent Cases, Health Ethics Trust Program, San Diego, March 3, 2014
• The Halifax Hospital Stark FCA Case, 11^th Annual Healthcare Law Compliance Symposium, LACBA, October 9, 2014
• Hospital and Physician Alignment, Trends, Best Practices and Compliance, 2014 Conference on Health Reform, San Francisco, CA, October 23-24, 2014
• 1206(l) Medical Foundations, LACBA, February 11, 2015
• HCCA Orange County Regional Healthcare Compliance Conference, Hot Topics and Regulatory Update, July 17, 2022

News

Health Law Perspectives

Other Publications

Publications

• Co-Author, Hospital-Employed Non-Physician Practitioners and Community Physicians: Billing and Stark Law Considerations, Journal of Health and Life Sciences Law, Vol. 16:3, American Health Law Association (August 2022)

• Co-Author, Best Practices Handbook for Advising Clients on Fraud and Abuse Issues, Chapter 2, American Health Lawyers Association, 2018
• CMS' impending overhaul of the Stark law can only go so far, experts say, Fierce Healthcare, September 2019
• Hospitals Risk Stark Violation with Free PEs; FCA Case Survives (Report on Medicare Compliance, Vo. 28, August 2019)
• Author, The Stark Law: Comprehensive Analysis and Practical Guide, Sixth Edition (American Health Lawyers Association, 2018)
• Author, The Stark Law: Comprehensive Analysis and Practical Guide, Fifth Edition, American Health Lawyers Association, 2014
• Author, of numerous health care articles published in California Medicine, and national publications such as BNA’s Health Care Fraud Report, House Counsel Magazine, Journal of Health Care Compliance, Health Law Digest, Health Systems REVIEW, Inside Health Law, and Health Care Law Newsletter
• Co-author, Physician Organizations and Medical Staff: Contracts, Rights & Liabilities, published by Aspen Publishers, Inc.
• Co-author, Integrated Delivery Systems: A Survey of Organizational Models, 29 Wake Forest L. Rev. 273 (1994)
• Co-author, Compliance Issues Under the New Fraud and Abuse Rules, 16 Whittier L. Rev. 1085 (1995)
• Co-author, Fraud in Managed Care: Old Wine in New Bottles, 18 Whittier L. Rev. 13 (1996)
• Co-author, Would Your Gainsharing Arrangement Withstand OIG or IRS Scrutiny? Vol. 4, No. 1, Journal of Health Care Compliance 10 (Jan./Feb. 2002)
• Author, Providers Are At Risk Under Many Purchase and Sale Arrangements, Vol. 7, No. 1, Journal of Health Care Compliance 37 (Jan./Feb. 2005)
• Co-editor, Health Care Law Sourcebook, compiled by Foley & Lardner and published by Matthew Bender & Co., Inc. (1995-2000)
• Annual contributor, (2000-2004) State by State Guide to Managed Care Law, published by Aspen Publishers, Inc.
• Co-author, Best Practices Handbook for Advising Clients on Fraud and Abuse Issues, (American Health Lawyers Association, 2017)