Lawyers

Kevin R. Miserez

Associate

Maureen Hirsch - MHirsch@seyburn.com

Kevin is an Associate in the firm’s Health Care Practice Group. He has represented numerous provider types nationwide, including physicians and non-physician practitioners, physician and non-physician practitioner group practices, laboratories, pharmacies, ambulatory surgery centers, skilled nursing facilities, hospices, home health agencies, DMEPOS suppliers, ambulance suppliers, substance abuse treatment centers, independent diagnostic testing facilities, hospitals, and management companies.

Kevin practices in all areas of health care law. He has significant experience advising clients on a variety of regulatory matters, including compliance with the Anti-Kickback Statute, Stark Law, and other federal and state fraud and abuse laws. He also has unique experience and expertise in counseling and representing clients in all aspects of Medicare enrollment, including initial enrollment filings, revalidations, physician opt-outs, changes in ownership and other mandatory disclosures, and appealing adverse enrollment determinations (e.g., revocations, denials, and effective date determinations). He also advises health care providers on a variety of compliance issues concerning Medicare, Medicaid, and commercial payor reimbursement and documentation requirements, as well as assists providers in their appeal of claim denials and overpayment findings.

Kevin graduated from Wayne State University Law School in 2012 and has practiced exclusively in health care law ever since. Prior to law school, he earned his B.A. in Business from Michigan State University’s Eli Broad College of Business.

 

Speaking Engagements

Enrollment and Overpayment Pitfalls in Today's Medicare Landscape, Association of Dermatology Administrators & Managers, Orlando, FL (February 28, 2017)

Preparing for and Surviving a Medicare Audit, Association of Dermatology Administrators & Managers Annual Meeting, San Francisco, CA (March 19, 2015)

Medicare Audits: Audit Risks, Successful Appeal Strategies and Compliance, Association of Dermatology Administrators & Managers, Denver, CO (March 20, 2014)

 

Publications

Commercial Audits and Appeals White Paper, co-author, State Bar of Michigan (December 2017)

Mississippi, Fraud and Abuse Fifty-State Survey, American Health Lawyers Association (April 2017)

CMS Proposes Significant Expansions to Its Revocation Authority, Healthcare Michigan (June 2016)

Court's Interpretation of 'Identified' Gives Teeth to Government Enforcement of the 60-Day Overpayment Rule, co-author, American Bar Association Health Law Section, Health eSource (August 2015)

CMS’ Revocations Authority Extended to Capture Repeated Non-Compliance, Healthcare Michigan (May 2015)

Current Regulatory Challenges Facing Physician-Owned Distributorships, co-author, Healthcare Michigan (January 2015)

Medicare Appeals Backlog Gives Rise to Alternative Methods for Health Care Providers to Resolve Denied Claims, co-author, American Health Lawyers Association (November 2014)

The Final Rule has Taken Effect: Does Your Hospital Comply with CMS’ Requirements?, co-author, Michigan Medical Law Report (Winter 2013)

Memberships/ Associations

Legal

American Health Lawyers Association

American Bar Association, Health Law Section

Michigan Bar Association, Health Care Law Section