Prepared an amicus brief on behalf of the American Hospital Association in support of the U.S. Department of Health and Human Services (HHS) interpretive rule providing guidance on the scope of the exclusion of orphan drugs from 340B discounts.
James F. Flynn
Jim Flynn is chair of Bricker & Eckler's Health Care group. His general health care practice spans more than 26 years and includes transactional, regulatory, governance, reimbursement-related, health planning and long-term care matters, including experience advising boards and executives on such things as physician contracting, joint ventures, federal and state regulatory issues, fraud and abuse, False Claims Act, certificate of need, community health needs assessments, corporate compliance, corporate organization and governance, Medicare and Medicaid reimbursement, and federal and state administrative appeals. In these areas, he has appeared before federal and state courts, the Provider Reimbursement Review Board, administrative law judges, state agency administrative hearings, and in medical staff hearings.
- Member, American Health Lawyers Association Board of Directors (2015 - present)
- Member, American Health Lawyers Association’s Regulation, Accreditation and Payment Practice Group (2006 – 2015) – Chair (2013-2015) and Vice Chair (2006-2013)
- Board Member, Cristo Rey Professional Work Study Program
- Member, Columbus Bar Association; Admissions Committee
- Member, Society of Ohio Hospital Attorneys
- Member, Health Care Financial Management Association
- Graduate, Leadership Columbus, Class of 2007
- Co-founder and past President, Columbus Christmas in April (now known as "Rebuilding Together Columbus")
- Former Board Member, President and Treasurer, Alzheimer's Association of Central Ohio
- Admitted, Supreme Court of Ohio
- Admitted, Supreme Court of the United States of America
- Admitted, United States District Courts for Southern District of Ohio, the Northern District of Ohio and the District of Columbia
- Admitted, United States Court of Appeals for the Sixth Circuit, the Seventh Circuit and the District of Columbia
- Listed, Best Lawyers in America (Health Care Law), 2001–2017
- Columbus Lawyer of the Year, Best Lawyers in America (Health Care Law), 2015
- Listed, Ohio Super Lawyers (Health Care), 2004, 2007–2017; Top 5 Columbus, 2013; Top 50 Columbus, 2010–2015; Top 100 Columbus, 2009–2014
- Recognized, ChambersUSA, Health Care with a Band 1 ranking, 2013–2016; Band 2 ranking, 2012
- Ranked as AV Preeminent by Martindale-Hubbell
- University of Notre Dame (B.A., 1987; J.D., 1990)
CMS proposes big changes to EHR meaningful use
In-depth summary of Stage 3 Meaningful Use and CEHRT rules
Finalized Stage 3 Rule means big changes for meaningful use starting in 2015, especially for hospitals
CMS releases Stage 3 Meaningful Use proposed rule
Jim Flynn discusses the future of health care post-Obamacare
Bricker attorneys named 2017 Ohio Super Lawyers
Bricker & Eckler attorneys earn Best Lawyers 2017 recognition
Jim Flynn featured on “Monitor Mondays” radio show and podcast
Advise public hospitals regarding responses to requests for a large number of public records.
Assisted hospitals with responding to meaningful use audits by the Centers for Medicare & Medicaid Services (CMS) on its electronic health record incentive payments, which required analyzing compliance with regulatory requirements for receiving such payments.
Represent large teaching hospitals and other non-teaching hospitals on Medicare reimbursement matters and cost report appeals, which include appeals of administrative agency decisions and various court appearances.
Negotiated a settlement of Medicare reimbursement underpayments with the federal government on behalf of two large health systems.
Serve as counsel to the Ohio Health Information Partnership and assist with all aspects of its operation of a health information exchange (CliniSync).
Advised hospitals on potential False Claims Act exposure; also represented the Ohio Hospital Association and the American Hospital Association in successfully challenging the government's use of the False Claims Act in Ohio's laboratory unbundling litigation.
Represented a hospital in ordering the government to update reasonable compensation equivalent (RCE) limits.
Assisted an independent, government-owned community hospital in its pursuit of a unique and strategic partnership to keep it viable and positioned to survive the pressures of a reforming health care delivery system. This process involved soliciting and evaluating proposals from potential strategic partners, engaging with consultants, advising on legal issues related to the hospital's government ownership, and, ultimately, preparing and negotiating the strategic affiliation agreement.