FEBRUARY 13, 2015 – Harry Nelson was interviewed by Kaiser Health news on the $7 million verdict against concierge medicine service, MDVIP, by a Florida jury. The case involved the failure of a MDVIP-affiliated doctor to diagnosis leg pain in time to present amputation for the wife of the former general counsel of chemical conglomerate W.R. Grace. The case, Beber v. Metzger et al., attracted national attention because it represented the first known case nationally in which a concierge physician was found to be an agent of the concierge medical plan with respect to claims of superior care.
“A lot of people will be taking notice of this verdict…It’s a shocking decision,” Nelson said. “The result of this decision is going to be more caution from the concierge medicine companies in terms of their claims of providing superior care. Concierge medicine will continue to be an integral part of the strategy for physicians remaining in small and solo private practice in lieu of joining larger managed care-oriented medical groups, but concierge physicians — and the companies that support their practices – need to take care only to promise greater access and convenience, not a distinct standard of diagnosis or treatment.
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Clients hire Harry Nelson not only because he has an unparalleled fund of knowledge of healthcare licensing, operations and reimbursement, but also because he takes responsiveness to client needs to a new level. Harry began his career as an associate and then partner in a Chicago-based law firm, Butler Rubin, where he represented universities and their academic medical centers on a broad range of issues. After relocating to California in 2001, Harry joined what was then a solo practice focusing on physician licensing and staff privileges into one of the premier healthcare law firms on the West Coast, expanding the firm’s services to represent clients across virtually every sector of the healthcare industry in a broad range of litigation, transactional, and regulatory matters.
Harry has a track record of real leadership at the nexus of healthcare and business challenges, focusing on federal and state regulatory compliance, business strategy, and practical solutions to vexing problems. He regularly advises the broadest range of healthcare providers: traditional healthcare sectors (hospitals, physician organizations, pharmacies, etc.) as well as life sciences, healthcare technology, and healthcare finance businesses, and many other sectors. Harry has particularly deep experience working with a broad array of long-term and behavioral care providers. He is known as an attorney who is passionate about the healthcare industry and deeply invested in his clients’ success.
Beyond legal work, Harry is also the founder of several innovative consulting and technology ventures that reflect his thought leadership at the forefront of healthcare compliance. He brings a creative and proactive approach to healthcare businesses, often structuring transactions and businesses to solve problems that clients had deemed insoluble. Harry also has extensive experience defending government investigations and enforcement actions, and has forged strong relationships with regulators across many healthcare sectors.
His practice has extended to counseling healthcare providers in matters related to Medicare and Medi-Cal requirements, Food and Drug Administration (FDA) regulations, the Drug Enforcement Administration (DEA) regulations, and numerous other state and federal agencies. Harry has successfully represented clients in numerous Medicare and Medi-Cal enrollment, licensing investigations, and recovery audit appeals. He frequently counsels clients on HIPAA compliance. He has developed extensive resources to facilitate compliance, including the development of compliance programs for hundreds of healthcare businesses.