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Christianna L. Finnern

Interacting with government is an art, and as with any art, experience is key to being effective.

Contact: P /612.604.6435E /[email protected]

Education

University of Iowa College of Law, J.D., 2001

• Articles Editor, Journal of Corporation Law, 2000-2001
• Member, Journal of Corporation Law, 1999-2000
• Van Oosterhout Moot Court Competition, 1999-2000

Wartburg College, B.A., summa cum laude, 1998

Bar Admissions

Minnesota, 2001
U.S. District Court, D. Minn., 2005
Iowa, 2020
Ho-Chunk Nation

My Approach

The regulatory and administrative process can seem like a huge impediment to the goal of serving your customers and patients, whether in health care, insurance, or other regulated industries. I represent clients as they deal with federal and state regulatory compliance issues and provide counseling to proactively address issues before they arise.

I don’t see my clients as the current project, and then moving on to the next. I love getting to know each client’s business, weighing their strengths and weaknesses, and figuring out how to navigate the current and future landscape to help them grow and expand. When I do internal investigations or a contested case hearing, I use my background in litigation to dig into the facts, do discovery, review documents and interview employees to piece together not only what happened, but also to prevent any further issues down the line.

A Groundbreaking Moment in My Career

I had recently been named shareholder at the firm in the litigation practice, but the economy was still recovering from the recession and I wasn’t as busy as I like to be. Together, my partner, David Aafedt, and I decided to create a new practice area focused exclusively on health care regulatory compliance and I wholly threw myself into it. I learned that there's no magic to developing a practice like that; just years of hard work, persistence, and the support of a great team.

Practice Areas

Practicing Health Law

My Experience

In the Health Law space I represent providers and health care businesses in a variety of capacities, including litigation and enforcement proceedings, health care licensing board investigations and compliance and regulatory matters. Often clients rely on me to serve as outside general counsel to health care professionals and practice groups, and advise them on, issues such as state and federal privacy laws, including data breaches; fraud, waste and abuse, anti-kickback and Stark; credentialing, privileging and peer review processes; employment issues; and even buying and selling practices. I also partner with health care providers and practice groups to conduct internal compliance investigations in an effort to identify potential compliance risks, and ensure that appropriate procedures and training are in place moving forward.

I also have unique expertise representing health care companies in connection with state involuntary receivership matters.

I place particular emphasis on the behavioral health industry, including state and federal regulatory compliance considerations and 42 CFR Part 2 privacy considerations.

I represent many substance use disorder treatment providers, including those who utilize methadone and buprenorphine in treating those suffering from opioid abuse. These substance use disorder providers face unique issues with the both Department of Health of Human Services Licensing and Enforcement, as well as interacting with the federal government, including the Drug Enforcement Administration.

I also counsel numerous clients who operate nursing homes, assisted living facilities, senior housing facilities, and home care businesses in connection with state and federal regulatory enforcement. I deal regularly with the Centers for Medicare and Medicaid services (CMS) on behalf of my clients. I also advise and counsel clients in connection with Minnesota’s new assisted living licensure statute that will result in material changes to the licensure and regulation of senior housing facilities that provide services to their residents.

 

Representative Matters

• Obtained the dismissal of a complaint against a podiatry provider by a large insurer on the basis that the provider agreement between the parties required disputes to be arbitrated.
• Favorably settled an overpayment claim from the Minnesota Department of Human Services (DHS) Surveillance and Integrity Review Section (SIRS) for urine drug screens on behalf of a clinical laboratory.  Successfully leveraged the weaknesses in the statistical extrapolation performed by AdvanceMed, n/k/a CoventBridge in negotiating a resolution.
• Successfully negotiated the resolution of a coding, billing and prior authorization dispute between a home health care agency and a large insurer resulting in substantial repayment to the home health care agency.
• Negotiated the successful resolution of a Minnesota Department of Human Services (DHS) Surveillance and Integrity Review Section (SIRS) overpayment demand on behalf of a behavioral health substance use disorder treatment provider.
• Resolved a Drug Enforcement Agency (DEA) investigation of a provider for suspected inappropriate prescribing of opioids with the closing of the investigation and no action taken against the provider.
• Represented a large specialty provider group in connection with its acquisition of a complementary provider group.
• Served as regulatory counsel for a behavioral health care provider in connection with its acquisition by a private equity sponsor.
• Conducted internal investigations for a large specialty provider group regarding potential billing and coding issues, reviewing and revising internal policies and procedures to ensure compliance.
• Conducted internal investigations for a large specialty provider group regarding disruptive physician issues, drug diversion issues and physician fitness for duty concerns.
• Conducted more than twenty internal investigations and record-keeping audits for large behavioral health providers regarding state and federal regulatory compliance issues, including diversion.
• Represented a behavioral health provider in connection with an administrative license revocation appeal. Successfully resolved the license revocation appeal through informal resolution on favorable terms to the provider.
• Represented a behavioral health provider in challenging the imposition of an order of conditional license through a writ of certiorari appeal to the Minnesota Court of Appeals, resulting in the reversal of several challenged citations and remand to the Commissioner of Human Services for reconsideration of the appropriate action.
• Represented a health care real estate investment trust in connection with an involuntary receivership action brought by the Minnesota Department of Health against the operator of a nursing facility. Negotiated a satisfactory resolution that allowed for the nursing home to continue operating without having to relocate its residents.
• Represented a health care real estate investment trust in connection with an involuntary receivership action brought by the Minnesota Department of Health against the operator of three nursing facilities. Assisted the health care real estate investment trust in marketing the facilities for sale to other nursing home operators.
• Represented many licensed professionals before boards of medicine, nursing, pharmacy and social work in several different jurisdictions.
• Negotiated with numerous health insurers to ensure that providers are receiving the statutorily and contractually correct reimbursement.
• Challenged a six figure overpayment demand from a health insurer, demonstrating that the extrapolation method used was fundamentally flawed, which resulted in the insurer withdrawing the overpayment demand in its entirety.

Awards

"Dream Team" Leaders in Health Care Award

Minnesota Business, 2014

The Best Lawyers in America©

Health Care Law, 2021-2025

Practicing Regulatory & Government Relations

My Experience

Much of my time is spent representing clients before legislative bodies, and state and federal regulators. My experience includes advising clients in conjunction with their oversight by, or interaction with, the Minnesota Office of Attorney General, Minnesota Office of the Governor, Minnesota Legislature, Department of Administration, Department of Commerce, Department of Health, Department of Human Services, and Drug Enforcement Administration, as well as the Boards of Pharmacy, Medical Practice, and Nursing, among others. In addition, I also have unique expertise representing health care companies in connection with state involuntary receivership matters.

Representative Matters

• Favorably settled an overpayment claim from the Minnesota Department of Human Services (DHS) Surveillance and Integrity Review Section (SIRS) for urine drug screens on behalf of a clinical laboratory.  Successfully leveraged the weaknesses in the statistical extrapolation performed by AdvanceMed, n/k/a CoventBridge in negotiating a resolution.
• Negotiated the successful resolution of a Minnesota Department of Human Services (DHS) Surveillance and Integrity Review Section (SIRS) overpayment demand on behalf of a behavioral health substance use disorder treatment provider.
• Resolved a Drug Enforcement Agency (DEA) investigation of a provider for suspected inappropriate prescribing of opioids with the closing of the investigation and no action taken against the provider.
• Represented several professional fundraisers in connection with Minnesota Attorney General civil investigative demands and enforcement actions.
• Advocated at the legislature for behavioral health licensing rules to be codified into statute thereby eliminating the cumbersome rule-making process and paving the way for more efficient legislative action and changes.
• Represented a health care REIT in connection with defeating certain proposed legislation that would have negatively impacted the rights of owners and operators in nursing home involuntary receivership actions.

Also experienced in

Mergers & Acquisitions

Attorney General Investigations & Enforcement Actions

Regulatory Audits, Investigations & Enforcement Actions

Regulated Industries

Fraud & Abuse Audits and Investigations

State & Federal Regulatory Compliance

Health Care Litigation

Health Licensing Board Defense

State & Federal Health Care Licensing and Change of Ownership (CHOW) Transactions

Honors & Awards

The Best Lawyers in America©

Health Care Law, 2021-2025

Minnesota Super Lawyers®

2017-2019, 2023-2024

Rising Stars

Minnesota Super Lawyers®, 2008-2016

Benchmark Litigation

Under 40 Hot List, 2016
Local Litigation Star, 2016-2024
Future Star, 2010-2015

"Dream Team" Leaders in Health Care Award

Minnesota Business, 2014

40 Under Forty

Minneapolis/St. Paul Business Journal, 2014

Up & Coming Attorney

Minnesota Lawyer, 2011

Associations & Memberships

Women's Health Leadership Trust

Board of Directors, 2014-2017

Faith's Lodge

Board of Directors, 2011-2016
Hope Rocks Committee, 2010-2011

Women’s Foundation of Minnesota

Corporate Sponsorship Committee, 2011-2014

Medical Devices Group

Advisory Board, 2013-2014

University of Minnesota Minority Mentorship Program

Mentor, 2010-2012

Minnesota Women Lawyers

Development Committee, 2010-2012

Care Providers of Minnesota

Member, Regulatory Forum Committee

American Bar Association

Federal Bar Association

Minnesota State Bar Association

Ramsey County Bar Association

American Health Lawyers Association

American Society for Pharmacy Law

Minnesota Pharmacists Association

Minnesota Child Care Association

Accra Home Care

Board of Directors, 2023-present

American Health Law Association

Vice Chair - Member Engagement, Behavioral Health Practice Group, 2023-2025