Emerging Issues in Health Law for Doctors and Lawyers Faculty

Erin Smith Aebel, Esq.
Shumaker, Loop & Kendrick LLP
Tampa, Fla. 

Erin Smith Aebel is a partner in the health law practice group in the Tampa, Fla., office of Shumaker, Loop & Kendrick LLP. Her principal areas of practice are regulatory compliance including HIPAA, licensure, corporate and transactional and litigation. She has been certified as a health care law specialist by The Florida Bar. Aebel joined Shumaker, Loop & Kendrick LLP in 2001, after practicing several years in both the litigation and transactional aspects of health law. She has particular experience in the area of health law fraud and abuse compliance. While the majority of her work in this area has been transactional, she has also worked with the United States Attorneys' Office in the prosecution of a Medicare False Claims Act qui tam action.

She is frequently a faculty member of and lecturer for both the National Business Institute and Lorman Education Services, and has been published several times in Florida Medical Business. In 2003, the American Health Lawyer's Association published Aebel's article on the state and federal regulation of online pharmacies. 
While at Loyola Law School, she was the articles editor of the Loyola Law Review. She was awarded a Phelps Dunbar scholarship and the Warren E. Mouledoux Editor-In-Chief's Award for outstanding law review dedication and service. Aebel has been recognized as a Florida Super Lawyer® for 2008, 2009, 2010 and 2011, and is AV® Peer Review Rated by Martindale-Hubbell. She has also been selected Florida Legal Elite© by Florida Trend magazine and as a Top Lawyer by Tampa Bay Magazine.

A. Brian Albritton, Esq.
Phelps Dunbar LLP
Former U.S. Attorney for the Middle District of Florida
Tampa, Fla.

Brian Albritton concentrates his practice on "white collar" criminal defense and False Claims Act litigation; defending regulatory enforcement actions brought by government agencies, including unfair/deception trade practice actions brought by the Federal Trade Commission and state attorneys general; regulatory compliance; and complex commercial litigation, including the prosecution and defense of claims relating to trade secret theft, non-competition agreements and other restrictive covenants.

In White Collar Criminal Defense and False Claims Act Litigation, Albritton has handled numerous grand jury investigations and defended a variety of white collar defense matters including claims involving RICO, trade secret theft, environmental crime, student loan fraud, bankruptcy fraud, securities fraud, and tax fraud. In addition, Albritton has defended numerous criminal and civil health care fraud, False Claims Act, and qui tam cases. Along with his trial practice, clients frequently call upon Albritton to conduct internal investigations regarding alleged misconduct in their businesses (including issues involving Sarbanes-Oxley); defend and coordinate responses to subpoenas from investigative bodies; develop corporate compliance programs, and conduct employee and management training on compliance issues.

Albritton served as U.S. attorney for the Middle District of Florida from 2008-2010. In that position, he supervised the prosecution of all federal crimes and the litigation of all civil matters involving the federal government in the district, and he directed 110 assistant U.S. attorneys in offices located in Tampa, Ft. Myers, Orlando, Jacksonville, and Ocala. Under Albritton's leadership, the district substantially increased its white collar prosecutions and gained national recognition for its "Mortgage Fraud Surge" initiative. During his tenure, he emphasized vigorous civil and criminal prosecution of health care fraud, and he worked to establish the Tampa Division's Medicare Fraud Strike Force (the "HEAT Team") and to resolve United States v. Well Care Health Plans, Inc., one of the largest healthcare fraud cases nationwide in 2009. While U.S. attorney, Albritton also tried several criminal cases, most notably United States v. Beau Diamond, which involved a large Ponzi scheme that originated in Sarasota.

R. Reid Haney, Esq.
Hill Ward Henderson
Tampa, Fla.

Reid Haney is a shareholder in the firm's corporate, tax, and healthcare groups where his areas of practice include corporate, securities, healthcare and franchising law. He advises clients in a wide range of areas including general corporate and business-related matters, mergers and acquisitions, private equity and other types of corporate finance transactions, succession planning, equity-based compensation, healthcare-related transactions, and healthcare regulatory issues. Another significant area of Haney's practice includes counseling clients on franchise matters.

Haney has represented both public and private companies on a wide range of corporate and other business matters; however, a substantial part of his practice focuses on privately-held business, advising them from formation and early-stage, through growth and capital raising, strategic acquisitions and other transactions, and succession planning.  His healthcare practice includes corporate and transactional matters, as well as Stark, anti-kickback, state and federally licensing, and other regulatory issues.  Haney represents clients in diverse industries, including healthcare, manufacturing, financial services, technology, real estate development, restaurants, hospitality, private utilities and technology.

In addition to his bar memberships, Haney is involved in business and civic activities. He serves on the board of directors, executive committee and governance committee of the Museum of Science and Industry and the board of directors and executive committee of Tampa Bay Businesses for Culture and the Arts. He is a past member of the University of Tampa board of trustees and currently sits on the steering committee for the University of Tampa board of fellows. In addition, Haney is a member of the advisory board for the University of Tampa's Center for Entrepreneurship. He also helped found the Florida Institute of Chief Financial Officers and is a member of Leadership Tampa Alumni.

Reid is married, with four children. He also enjoys sports, reading and music.

Gregory Alan Hearing, Esq.
Managing Partner
Thompson Sizemore Gonzalez & Hearing P.A.
Tampa, Fla.

Gregory Hearing is managing partner at Thompson, Sizemore, Gonzalez & Hearing P.A. Hearing is AV rated, board certified in civil trial and labor and employment law by The Florida Bar. He graduated with a B.A., magna cum laude, from the University of the South in 1986, then went on to receive his J.D., cum laude, from Florida State University in 1989. Hearing also was listed in The Best Lawyers in America, 2006-present, the Florida Trend's Florida Legal Elite, 2005-present, and the Florida Super Lawyers, 2004-present.

Bruce Douglas Lamb, Esq.
Practice Leader, Shareholder
The Gunster Firm
Tampa, Fla.

Bruce D. Lamb joins Gunster as a shareholder and leader of the health care practice and concentrates his practice in the representation of professionals and healthcare entities before regulatory bodies and in liability defense. He is board certified by The Florida Bar in state and federal government and administrative practice. He has extensive experience in healthcare litigation for physicians and other healthcare providers who are involved in disputes with various government agencies, facilities and others. Prior to entering the private practice of law, Lamb served 10 years with the Florida Department of Professional Regulation in such capacities as general counsel, director of the division of regulation, chief medical attorney, and chief trial attorney.

Adam S. Levine, M.D., J.D.
Co-Director and Adjunct Professor of Law
Stetson University College of Law
Founding Partner
The Florida Legal Advocacy Group and VP President
and Medical Director of the Security Legal Defense Insurance Company

Adam S. Levine, a physician and attorney, graduated from Lehigh University and attended Albany Medical College. After completing a residency in obstetrics and gynecology at the Medical University of South Carolina, Dr. Levine completed a fellowship in reproductive endocrinology and infertility at Johns Hopkins University School of Medicine. Dr. Levine moved to the Tampa Bay area in 1998, became board certified and practiced obstetrics, gynecology, reproductive endocrinology and infertility. He also has been certified by the American Board of Quality Assurance and Utilization Review Physicians. While continuing his medical practice, Dr. Levine enrolled in Stetson University College of Law's part-time J.D. program, where he graduated a semester early with honors in 2009 and received the Dean's Award and the William F. Blews Pro Bono Service Award. He returned to Stetson this past summer as an adjunct professor of law teaching elective courses in health and administrative law.

Cynthia Anne Mikos, Esq.
Allen Dell, PA
Tampa, Fla.

Cynthia A. Mikos is a graduate of West Virginia University (B.S.N. 1977), University of Baltimore (M.B.A. 1983 with honors) and Stetson University College of Law (J.D. 1993 with honors). She is rated AV Preeminent by the Martindale-Hubble Law Directory. Mikos is board certified in health law by The Florida Bar Board of Legal Specialization and Education and represents licensed health care professionals and facilities throughout Florida. Her practice focuses on licensure defense, fraud and abuse advice, Medicare, Medicaid and other payer disputes, regulatory compliance, and contracting issues for health care clients.

Mikos represents a broad spectrum of health care providers including physicians, advanced registered nurse practitioners, physician assistants, nurses, mental health providers, durable medical equipment companies, home health agencies, pharmacies, sleep laboratories, rehabilitation agencies, and independent diagnostic testing facilities. As a former nurse and executive of a Fortune 100 health care company, Mikos values her prior health care experience as an adjunct to her legal advocacy. Mikos currently serves as the chair-elect for the executive council of the Health Law Section of The Florida Bar, and has participated as a member of its executive committee since 2003. She is a member of the American Health Lawyers Association, the Hillsborough County Bar Association Health Law Section, the American Association of Nurse Attorneys (President 2006) and the Hillsborough Association for Women Lawyers.

Rebecca C. Morgan
Professor of Law
Stetson University College of Law
Gulfport, Fla.

Rebecca C. Morgan is the Boston Asset Management Faculty Chair in Elder Law, the director of the Center for Excellence in Elder Law at Stetson University College of Law and the director of Stetson's online LL.M. in Elder Law. Professor Morgan teaches a variety of elder law courses in the J.D. and LL.M. and oversees the elder law concentration program for J.D. students. She is the successor co-author of Matthew Bender's Tax, Estate and Financial Planning for the Elderly, and its companion forms book, and a co-author of Representing the Elderly in Florida and The Fundamentals of Special Needs Trusts. She is a member of the elder law editorial board for Matthew Bender.

Professor Morgan is a past president of the National Academy of Elder Law Attorneys, past president of the board of directors of the National Senior Citizens Law Center, past chair of the American Association of Law Schools Section on Aging and the Law and of the Florida Bar Elder Law Section, and was on the faculty of the National Judicial College. She served as the reporter for the Uniform Guardianship and Protective Proceedings Act. She served on the Florida Attorney General's Task Force on Elder Abuse and the Florida Legislative Guardianship Study Commission. She is a member of the American Law Institute, academic advisory board for the Borchard Center for Law and Aging, an academic fellow of the American College of Trusts & Estates Counsel, a NAELA fellow, and a member of NAELA's Council of Advanced Practitioners. After a term on the board of the ABA Commission on Law and Aging, she now serves as a special advisor to the ABA Commission on Law and Aging. Professor Morgan has authored a number of articles on a variety of elder law issues and has spoken a number of times on subjects of elder law.

Professor Morgan was the recipient of the 2003 Faculty Award on Professionalism from the Florida Supreme Court Commission on Professionalism. She received the NAELA Unaward in November 2004 from President Stu Zimring for her accomplishments in the field of elder law. Professor Morgan, along with Professor Roberta Flowers, received the 2005 Project Award on Professionalism from the Florida Supreme Court Commission on Professionalism for their video series on ethics in an elder law practice. She received the 2006 Rosalie Wolf Memorial Elder Abuse Prevention Award from the National Committee for the Prevention of Elder Abuse. She received the Homer & Dolly Hand Award for Faculty Scholarship in May of 2008, and the NAELA President's Award from NAELA President Mark Shalloway in May of 2008. Professor Morgan was the 2009 recipient of the Treat award from the National College of Probate Judges.

Robert O'Neill
U.S. Attorney
, Middle District of Florida
Tampa, Fla.

On Oct. 5, 2010, Robert E. O'Neill became the 20th U.S. attorney for the Middle District of Florida. A native of the Bronx, N.Y., he has been a resident of Florida for more than 20 years. Throughout most of his professional career, O'Neill has served as a criminal prosecutor.

O'Neill previously served as the U.S. attorney for the Middle District of Florida from 2007-2008. In addition to his prior service as U.S. attorney, he has held most of the other senior leadership positions within the office, including: first assistant U.S. attorney; chief of the Criminal Division; and chief of the Special Prosecution Section. O'Neill also has served with distinction elsewhere within the U.S. Department of Justice in Washington, D.C. and in the Office of the Independent Counsel. He served as deputy chief in charge of Litigation, Narcotics and Dangerous Drugs Section, U.S. Department of Justice, and as an associate independent counsel, on two separate occasions.

During his early career as a prosecutor, O'Neill served as an assistant district attorney in the Manhattan District Attorney's Office and as an assistant U.S. attorney in the Southern District of Florida. He also practiced as a trial lawyer for approximately two years in the New York law firm of Kramer, Dillof, Tessel, Duffy & Moore.

O'Neill graduated from Fordham University, Bronx, New York (magna cum laude) and New York Law School (cum laude). He has been recognized for his leadership and trial work numerous times throughout his career, including most recently by his induction into the American College of Trial Lawyers.

Joseph W. Rugg, Esq.
Office Managing Shareholder
Akerman Senterfitt
Tampa, Fla.

Joseph Rugg has more than 30 years of experience in representing healthcare providers, licensed professionals, and business clients in their transactional, tax, corporate and organizational, and regulatory matters. He has extensive experience in representing physicians and physician groups, including hospital medical staffs and independent practice associations, diagnostic imaging centers and ambulatory surgery centers. He has assisted healthcare providers and other clients in acquiring, selling, merging, and separating their businesses. Rugg understands and integrates the various legal, regulatory, tax, securities, and business issues that impact transactions in the area of healthcare. Having previously served as in-house counsel for small healthcare providers, he is sensitive to the practical issues that arise in healthcare businesses. Rugg has been recognized by Chambers USA and The Best Lawyers in America as one of the leading healthcare lawyers in Florida.

Jay Wolfson, Dr. P.H., J.D.
USF Health
Tampa, Fla.

Jay Wolfson is the distinguished service professor of Public Health and Medicine, associate vice president for Health Law, Policy and Safety, and director of the federally designated Suncoast Center for Patient Safety at the University of South Florida in Tampa. He also is an adjunct professor of health law at Stetson University College of Law. Wolfson serves as the project director and principal investigator for PaperFree Florida, a federally funded, regional, public-private partnership that enables clinicians to implement and meaningfully use electronic health information systems; he is co-principal and senior investigator for the USF Health-The Villages Health Status Survey and Health System Innovation; principal investigator and project director for the federally funded Florida Family AIDS Network that provides care and services for women, children and families infected with or affected by HIV/AIDS. He was designated a member of the Medicare Competitive Pricing Review Committee, served as associate director of the National Patient Safety Center of Inquiry, Veterans Health Administration, VISN 8, and was trustee, vice chair of the board, and chair of finance of Tampa General Hospital for 12 years. He maintains a private health law practice.

Wolfson conducts research and writes about health care law, ethics, policy, technology, safety and finance and regularly provides research-based policy analyses to legislative, judicial and executive branches of state and federal governments.  He is a national health policy consultant to several news organizations and contributes regularly to television, radio and newsprint coverage of health care. He is a founding board member and past president of HealthNewsFlorida.org, the daily, electronic Internet health news source. Wolfson was appointed special guardian ad litem for Theresa Marie Schiavo, reporting to Governor Bush and the Florida courts, and was the named expert on health law, finance and policy to the Florida attorney general in matters relating to dialysis fraud and abuse in Florida.  He has served as The Florida Bar appointee to the governing board of the Florida Medical Malpractice Joint Underwriting Association, and is appointed to the executive council of the Health Law Section of the Florida Bar. 

Wolfson holds a doctorate in public health from the University of Texas, a law degree from Stetson University College of Law, a master's degree in public health from Indiana University, a master's degree in history from New York University, and an undergraduate degree in history from the University of Illinois. He has been named a faculty scholar to the U.S. Centers for Disease Control and Prevention, a senior Fulbright scholar at the University of Tokyo Medical School, a W. K. Kellogg fellow in health care finance, distinguished scholar at the University at Buffalo College of Social Work, the Sebati distinguished scholar at the University at Albany College of Law, distinguished visiting scholar at St. Louis University College of Law, and distinguished visiting professor at the Florida International University Honors College.