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Richard Y. Cheng

Shannon Gracey Ratliff & Miller, LLP

12 years experience
Health Care Law, Business Law, Gov & Administrative Law...
Minnesota, Texas

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Summary

Richard Y. Cheng has an extensive healthcare law practice, with particular concentration representing skilled nursing facilities, assisted living facilities, home health agencies, community hospitals, hospices, and rehabilitation providers. Mr. Cheng counsels clients with respect to corporate transactions, healthcare regulatory and compliance matters, and administrative appeals. He has considerable experience representing clients involving Stark Law, Anti-kickback, HIPAA, HITECH Act, Medicare related transactions (e.g. CHOWs) licensure surveys, provider appeals before administrative law judges with the Office of Medicare Hearings and Appeals, Departmental Appeals Board, Civil Remedies Division and State Office of Administrative Appeals. Previously, Mr. Cheng was a shareholder at a national law firm and helped open its Texas office. Mr. Cheng served as general counsel and vice president at two health care companies, assisting with change of ownership transactions, counseled on operational legal matters and worked closely with outside counsel managing multiple litigation matters, including a large wage and hour collective action with 2200-2400 putative class members. Mr. Cheng also created the medical appeals departments, overseeing multiple staff members that he trained, resulting in the successful recovery of millions of dollars in governmental and private health care insurance claims. Lastly, he served as a corporate staff attorney for an international organization and as an attorney for a litigation boutique law firm in Minneapolis, MN. Mr. Cheng is licensed in Texas and Minnesota, having graduated from Nova Southeastern University Shepard Broad Law Center. Prior to becoming a lawyer, Mr. Cheng worked as a licensed occupational therapist in Dallas, Texas. He has served as an adjunct faculty at Saint Catherine University, Nova Southeastern University and Rocky Mountain University, has presented at multiple conferences and lobbied in Washington D.C.

Practice Areas

Health Care Law
Business Law
Gov & Administrative Law
Employment Law

Fees

Credit Cards Accepted
Rates, Retainers and Additional Information
Hourly and some alternative fee structures.

Jurisdictions Admitted to Practice

Minnesota

Texas

Languages

Chinese: Spoken
English: Spoken, Written

Professional Experience

Partner: Shannon Gracey Ratliff & Miller, LLP; 2015 - Current; Serve as the co-head of Shannon Gracey’s Healthcare Group. Richard has an extensive healthcare law practice, with particular concentration representing skilled nursing facilities, assisted living facilities, home health agencies, community hospitals, physician groups, hospices, and rehabilitation providers. He counsels clients with respect to corporate transactions, healthcare regulatory and compliance matters, and administrative appeals. Mr. Cheng has considerable experience representing clients involving Stark Law, Anti-kickback, HIPAA, HITECH Act, Medicare related transactions (e.g. CHOWs) licensure surveys, formation of management services organizations (MSOs), managed care organizations (MCOs) payment matters provider appeals before administrative law judges with the Office of Medicare Hearings and Appeals, Departmental Appeals Board, Civil Remedies Division and State Office of Administrative Appeals.

Shareholder: Anderson Kill; 2014 - 2015; Represent long term care entities, rehabilitation based entities, home health care agencies, hospitals, optometry providers and behavioral health providers for corporate transactions, insurance and regulatory matters, along with administrative agency and judicial proceedings (e.g. ALJ hearings, healthcare insurance audits). In addition, I represent clients in the hotel, restaurants, information technology and manufacturers in corporate restructuring, real estate and employment matters.

VP & General Counsel: Senior Care Centers; 2011 - 2013; In charge of developing both the legal department and Medicare appeals department in a company of 4500 employees. As the lead attorney for the company, I am a member of and responsible for advising the executive committee, managing all litigation matters, counsel on employment matters and working to achieve a high level of governmental compliance for the company.

General Counsel & VP of Medical Appeals: Century Rehabilitation, Inc.; 2010 - 2010; As General Counsel, I most of my work involves managing contractual matters with third party vendors and government administrative compliance issues. In addition, I frequently handle collection matters for the company.

Director of Health Services/Therapy: Visiting Nurse Association of Texas; 2009 - 2010; Am responsible for the daily operations and strategic planning for effective delivery of home health care services in the DFW area. I over a team of clinical staff in 5 branch offices and act as a resource for my clinical team. Another major part of being a health care administrator is understanding Medicare, Medicaid and private insurance compliance and regulatory issues. Finally, I am active with professional associations in the DFW area and am responsible for relationship building amongst physicians and other health care professionals.

Associate Attorney: Pearson Randall Schumacher & LaBore, P.A.; 2008 - 2009; Practiced in the areas of consumer fraud protection, medical malpractice, business litigation, nursing home litigation, personal injury and products liability with an emphasis on class actions and mass torts.

Staff Attorney: Thomson Reuters, Inc.; 2006 - 2008; Worked on the corporate transactions team.

Education

University of Memphis: MBA (2018) | Business Administration; 2014 - 2018; Honors: 4.0 GPA - President's List

University of Texas - Health Science Center at Houston: Graduate Certificate of Public Health (2013) | Public Health; 2011 - 2013

Nova Southeastern University: J.D. | Law; 2003 - 2006; Honors: Philip C. Jessup Moot Court, Mock Trial Honor Society, Certificate in International Law Practice

Texas Tech University - Health Sciences Center: BSOT/MOT | Occupational Therapy; 1995 - 2000; Honors: Cum Laude graduate, President's List, Dean's List, Olin L. Livesly Scholar, Randall-Potter County Medical Alliance Scholar, Golden Key.

Awards

Texas Rising Star: Texas Monthly, a Thomson Reuters Publication; 2015; Awarded to 2.5% of attorneys in Texas who are 40 years old or younger or in practice for 10 years or less.

Selected Member: The College of the State Bar of Texas; 2015; recognizes Texas lawyers who voluntarily attend at least double the minimum Continuing Legal Education (CLE) classes required by the State Bar of Texas.

Best Lawyer in Dallas (Health Care Category): D Magazine; 2015; Health care category.

Selected Member: Frisco Chamber of Commerce Leadership Class; 2014

Life Fellow: Dallas Association of Young Lawyers Foundation; 2013

Finalist - ACC/D CEO Magazine Corporate Counsel of the Year Award-Solo Legal Department: Association of Corporate Counsel/ D CEO Magazine; 2012

National Diversity Council Legal Diversity Champion Award: National Diversity Council; 2012

Service Recognition Award: Texas Occupational Therapy Association; 2012

Honored Distinguished Alumni: Collin College Alumni Gallery; 2012

Featured General Counsel (March 2012): Texas Lawyer Magazine; 2012

Finalist - ACC/D CEO Magazine Corporate Counsel of the Year Award-Solo Legal Department: Association of Corporate Counsel/ D CEO Magazine; 2011

Winner - Dallas Business Journal/State Bar of Texas Best Corporate Counsel Rising Star Award: Dallas Business Journal / State Bar of Texas; 2011

Nominee - Texas Minority Counsel Program Corporate Counsel of the Year: Texas Minority Counsel Program; 2011

Nominee - National Asian-Pacific American Bar Association Best Lawyers Under 40: National Asian-Pacific American Bar Association; 2011

Nominee - Dallas Business Journal 40 Under Forty Award: Dallas Business Journal; 2011

Selected Member- DAYL Leadership Class: Dallas Association of Young Lawyers (DAYL); 2011

Distinguished Service Award: Texas Occupational Therapy Association; 2011

Winner - Distinguished Alumni Award - School of Allied Health: Texas Tech University Health Sciences Center; 2010

Nominee - "Up and Coming" Attorney: Minnesota Lawyers Magazine; 2009

Professional Associations

LeadingAge Texas: Member; 2015 - Current

Collin County Bar Association: Member - Corporate Counsel Section; 2015 - Current

National Association of Asian American Professionals: Member; 2015 - Current

Frisco Association for the Arts: Board Member - Operations Chair; 2015 - Current

Texas Assisted Living Association: Public Policy Committee; 2014 - Current

Texas Association of Home Care & Hospice: Government Affairs Committee; 2014 - Current

Health Care Compliance Association: Member; 2014 - Current

Texas Restaurant Association: Member -Greater Dallas Restaurant Association; 2013 - Current

Mac Taylor Inn of Court: Barrister; 2012 - Current

American Health Lawyers Association: Member - Post-Acute and Long Term Care Services Group; 2012 - Current

Dallas Bar Association: Member - Health Care and M&A Sections; 2011 - Current; Activities: Peer Assistance Committee and Law in Schools and Community Committee

Dallas Volunteer Attorney Program (DVAP): Volunteer Attorney; 2011 - Current; Activities: Have assisted with local legal clinics and accepted cases.

State Bar of Texas: Diversity in the Profession Committee; Heath Care & Business Law Sections; 2011 - Current

Texas Health Care Association: Legal Committee Member; 2011 - Current

Dallas Asian-American Bar Association: Member - Board of Director (2013-2015); 2010 - Current

American College of Healthcare Executives: North Texas Chapter Member; 2009 - Current

National Asian-Pacific Attorney Bar Association: Member; 2006 - Current

American Bar Association: Member - Health Care & Administrative Law Sections; 2004 - Current

National Rehabilitation Association: Board of Director for NASPPR Division; 2013 - 2015

Organization of Chinese Americans-DFW Chapter: Board of Director; 2013 - 2015

Texas Rehabilitation Association: North Texas Area Rehabilitation Association (NTARA) Member; 2013 - 2015

Texas Occupational Therapy Association: Treasurer (2010-2012); 2009 - 2014

Texas Young Lawyers Association: Member; 2011 - 2013

Association of Corporate Counsel: First VP & Advocacy Committee Chair; 2010 - 2013

Dallas Association of Young Lawyers: Member & 2011 DAYL Leadership Class Member; 2009 - 2013

Human Rights Initiative of North Texas: Volunteer Attorney; 2011 - 2012; Activities: Served as co-counsel on a significant asylum case which required over 60 hours of time.

Hennepin County Bar Association: Lawyer Referral Information Service Oversight Committee; 2008 - 2009

Hennepin County Bar Association New Lawyers Section: Bench & Bar Commitee Liasion; 2008 - 2009

Immigrant Law Center of Minnesota: Volunteer Attorney; 2008 - 2009

Minnesota State Bar Association-Civic Education Committee: Volunteer Education Attorney; 2008 - 2009

Minnesota State Bar Association: Member; 2007 - 2009; Activities: Active within the Litigation and Business Law Section.

Volunteer Lawyers Network-Hennepin County Bar Association: Volunteer Attorney; 2007 - 2009; Activities: Assisted with several family law cases

MOTA Government Affairs Committee: Member; 2006 - 2009

Publications

Articles & Publications

Legal Line - Monthly Column: ADVANCE of Occupational Therapy

Speaking Engagements

Change of Ownership (CHOW) Preparation and Considerations, Quarterly Administrator Training, Irving, TX: December 15, 2015; Healthcare Consultlink
HIPAA, HITECH Act and Texas House Bill 300, Administrator Program, Houston, TX: November 17, 2015; Texas Association of Home Care & Hospice
Being an Expert Witness: Duties, Testimony, Expert Reports and Ethical Considerations, Annual Conference, Austin, TX: October 29, 2015; Texas RehabACTion Network
Breakfast with Business Peers – Healthcare Industry, Belo Mansion - Dallas, TX: October 8, 2015; Dallas Association of Young Lawyers; Served as moderator.
Being an Expert Witness: Duties, Testimony, Expert Reports and Ethical Considerations, Annual Conference, Galveston, TX: September 28, 2015; Texas Rehabilitation Association
Employment Laws Affecting the Healthcare Industry, Quarterly Administrator Training, Irving, TX: September 15, 2015; Healthcare Consultlink
Change of Ownership (CHOW) Preparation and Considerations, Webinar Series, Online: September 10, 2015; Texas Physical Therapy Association; Provided an overview of change of ownership (CHOW) transactions impacting Medicare certifications and state licensures, along with a discussion on equity acquisitions versus asset purchases, mergers and joint ventures in health care.
Health Care Fraud, Texas Physical Therapy Association Northern District Meeting, Irving, Texas: July 28, 2015; Texas Physical Therapy Association; Educated therapists on the clinical and management practices impacting False Claims Act (FCA), Stark Law, Anti-Kickback, OIG Exclusion regulations and much more.
Long Term Care Facility Concerns in Licensure, Certifications, Operations and Transactions, Monthly Meeting, Dallas, TX: March 25, 2015; Healthcare Partners Network
Healthcare Fraud Concerns in Rehabilitation, Mountain Central Conference, Sugarland, Texas: November 6, 2014; Texas Occupational Therapy Association
Confidentiality in Communication: With Residents, Staff and Family Members, Quarterly Meeting, Dallas, TX: November 5, 2014; Texas Assisted Living Association
Long-Term Care Workforce, Licensures Involved, Change of Ownerships (CHOWs) and OIG Exclusions of Certain Staff in Long Term Care, Health Care Section Monthly Meeting, Dallas, TX: July 16, 2014; Dallas Bar Association
A Look at Protecting Patient Information: HIPPA, HITECH Act and Texas HB 300, Annual Conference, Galveston, TX: June 10, 2014; Texas Rehabilitation Association
Overview of the Long Term Care Industry, Its Workforce, Licensure Requirements, and Exclusions, Webinar Tutorial, Online: March 20, 2014; American Health Lawyers Association -Post-Acute and Long Term Services Practice Group
A Look at Protecting Patient Information: HIPPA, HITECH Act and Texas HB 300, 58th Annual Convention and Exhibition, Houston, TX: February 27, 2014; Texas Speech-Language-Hearing Association
Managing the Legal Department, 5th Annual In-House Conference, Houston, TX: July 24, 2013; South Texas College of Law
Current Pharma Trends: More Paper, More Reporting and More 'Sunshine, Annual ACC Meeting, Orlando, FL: October 3, 2012; Association of Corporate Counsel (ACC)
In-House Career & Information Exchange, 4th Annual In-House Conference, Houston, TX: July 18, 2012; South Texas College of Law
Road to Executive Leadership Program: Legal Skills & Techniques for the General Counsel, Minority Participation Committee, Dallas, TX: June 14, 2012; Dallas Bar Association
Understanding the Latest Healthcare Reform, APIS Annual Conference, Austin, TX: March 31, 2012; State Bar of Texas
CMS Updates: Medicare Appeals Process and Documentation Requirements and Legal Ramifications in Therapy, Rio Grande Monthly Meeting, El Paso, TX: December 3, 2011; Texas Women' University
Issues of Incapacity: Clinical and Legal Ramifications for Therapists and Clients., Vanderkooi XVIII, Dallas, TX: November 8, 2011; Texas Women' University
Getting Over the In-House Hump: Specific Counsel or Climbing to the Next Step, Dallas Asian American Bar Association Corporate Counsel, Dallas, TX: October 15, 2011; Dallas Asian-American Bar Association
CMS Updates: Medicare Appeals Process and Documentation Requirements and Legal Ramifications in Therapy, TOTA Quarterly Meeting, Dallas, TX: June 1, 2011; Texas Occupational Therapy Association
CMS Updates: Appeals Process and Documentation Requirements, TOTA Quarterly Meeting, El Pasp, TX: February 26, 2011; Texas Occupational Therapy Association
Public Policy in Healthcare, Mountain Central Regional Conference, Dallas, TX: November 4, 2010; Texas Women' University

Certifications

Certificate in International Law Practice: Nova Southeastern University Shepard Broad Law Center

Certified in Healthcare Compliance (CHC): Compliance Certification Board (CCB)

Websites & Blogs

Website: Website

Blog: LinkedIn Profile

Social Media

Contact & Map

Bank of America Plaza

901 Main Street

Suite 4600

Dallas, TX 75202
USA

Telephone: (214) 245-3090

Cell: (469) 647-2108

Fax: (214) 245-3097

Email Richard Y. Cheng

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