ELIZABETH D. SHAW
Elizabeth “Liz” Shaw is a founding partner of RezLegal, LLC. Liz is Board Certified as a Specialist in Health Law by the Florida Bar Association. She also is a Registered Nurse and a Health Care Risk Manager in the State of Florida.
Liz represents licensed healthcare providers, clinical laboratories, compounding pharmacies, executives and marketing representatives in government investigations and enforcement actions for allegations of healthcare fraud and violations of the Federal False Claims Act, Civil Monetary Penalty Law, the Stark Law and the Federal Anti-Kickback Statute.
Liz helps clients conduct internal and independent investigations, conduct witness interviews, prepare investigative reports, establish compliance programs, respond to government and private insurance payor audits and demands for overpayment, respond to requests for information, respond to search warrants, subpoenas, civil investigative demands (CIDs), craft defense strategies and procedural and substantive arguments to government allegations and comply with the requirements of OIG Corporate Integrity Agreements.
Liz is skilled in solving complex regulatory issues and helping companies develop and implement best practices designed to proactively protect their businesses and mitigate the risk of healthcare fraud and abuse.
Liz has extensive experience in analyzing and structuring complex health care arrangements to comply with federal and state fraud and abuse statutes, including, but not limited to, the Stark Law, federal and state anti-kickback statutes, federal and state false claims acts, state physician self-referral laws, fee-splitting laws and state licensing laws.
Liz combines her legal expertise with her extensive experience in nursing, risk management and the health care industry to provide clients with advice on a broad range of transactional and regulatory legal matters, including contracting, corporate compliance, joint ventures, mergers and acquisitions of health care entities, ambulatory surgery centers, medical staff issues, physician office operational issues (solo-practitioner to multi-specialty group practices), pain management clinics, urine drug testing, sleep centers, DME suppliers, imaging centers, infusion therapy, pharmacies, genetic testing, medical marijuana, telehealth, facility licensure, physician disciplinary cases, HIPAA compliance, Medicare and third-party payor audits and reimbursement matters.
Representative Transactions
- Successfully negotiated settlements with the United States Department of Justice and Office of Inspector General with no licensure revocation, suspension or exclusion from government programs on behalf of:
- Compounding pharmacies;
- Clinical laboratories;
- Physician group practices; and
- Individual physicians and other licensed healthcare providers.
- Successfully appealed 91% of the claims for urine drug testing in a Palmetto GBA Railroad Medicare Post-Payment Probe Audit for a physician pain management practice.
- Successfully appealed an overpayment demand by SafeGuard Services for a retina practice.
- Assisted a physician practice with multiple locations respond to an investigation by the Office for Civil Rights for a HIPAA breach of greater than 500 patients. The investigation was closed without any fines or penalties assessed against the client.
- Assisted a company in its capacity as a HIPAA business associate respond to an investigation by the Office for Civil Rights for a HIPAA breach of greater than 500 patients. The investigation was closed without any fines or penalties assessed against the client.
- Structured complex compensation arrangements among physicians in large practices.
- Assisted physician practices with structuring in-office ancillary services (in-office pharmacy dispensing, lab, physical therapy).
- Advised on joint venture transactions to establish diagnostic imaging centers, ambulatory surgery centers and other ancillary services arrangements.
- Assisted with structuring a pharmacy.
- Structure various types of concierge medical practices.
MORE INFORMATION
Education
- Florida Coastal School of Law, J.D., with Honors.
- Associate Business Editor, Florida Coastal School of Law, Law Review.
- Central Michigan University, Master of Science (Health Care Administration).
- Florida State University, Bachelor of Science in Nursing.
Professional Recognition
- Board Certified as a Specialist in Health Law by the Florida Bar Association 2006 -present.
- Best Lawyers – Health Law, 2021.
- Rotarian of the Year, Rotary Club of Mandarin, Jacksonville, Florida (2021)
- 904 Magazine’s Legal Eagles.
- Jacksonville Magazine’s Florida Bar Board Certified Attorneys (2010 – present).
- Jacksonville Magazine’s Order in the Court: 200 Local Expert Attorneys (2009).
- Florida Super Lawyers ® – Rising Stars for Health Care Law in 2009.
Recent Presentations / Lectures
- Updates on Providing Healthcare During COVID-19 – Legal Implications, Interactive Webinar, Jacksonville Spine Center, P.A., Jacksonville, Florida (April 21, 2020).
- Medical Marijuana Process for Patients, Ponte Vedra Beach Rotary Club, Marsh Landing Country Club, Jacksonville, Florida (November 14, 2019).
- Your License & Liability When Issuing a Certification for the Use of Medical Marijuana, Florida Society of Interventional Pain Physicians and Florida Society of Physical Medicine and Rehabilitation, Interventional Pain Management 2019 Conference, Hollywood, Florida (July 19, 2019).
- Laws and Policies, Florida Gulf Coast University, Cannabis Education Certificate Program, Fort Myers, Florida (May 6, 2019).
- Legal Aspects of Medical Marijuana – A National Overview, American Medical Marijuana Physicians Association, 2018 Annual Meeting, Orlando, Florida (October 12, 2018).
- Anatomy of a Physician Contract Negotiation, University of Florida Oral Surgery Resident Program, Jacksonville, Florida (November 9, 2017).
- Enforcement Actions and Compound Pharmacies, Webinar Panel, American Bar Association, 27th Annual National Institute on Health Care Fraud, Fort Lauderdale, Florida (May 17, 2017).
- Compound Pharmacy Prosecutions: Past Lessons and Future Trends, Health Care Compliance Association, 21st Annual Compliance Institute, National Harbor, Maryland (March 29, 2017).
- Win Your Contract Negotiation, Life after Residency Skills Series, Duval County Medical Society, Jacksonville, Florida (August 20, 2016).
- DOJ Targets Local Providers: Are Your Healthcare Arrangements Legal, Clay County Medical Society, Orange Park, Florida (February 11, 2016).
- HIPAA Violations, Data Breaches and the Need for Risk Analysis/Assessment, RezLegal Client Alert (November 2015).
- Anatomy of a Contract, St. Vincent’s Family Practice Residency Program, Jacksonville, Florida (2014, 2012, 2011, 2007).
- Federal & Florida Self-Referral and Anti-Kickback Statutes, St. Vincent’s Family Practice Residency Program, Jacksonville, Florida (May 19, 2014).
- Anatomy of a Contract, Mayo Clinic Residency Program, Jacksonville, Florida (2012, 2007).
- Risk Management, Memorial Hospital, Jacksonville, Florida (September 18, 2000).
- Documentation Survival Skills for Nurses, Jacksonville University School of Nursing, Jacksonville, Florida (February 25, 2001).
- Critical Thinking and Documentation Survival Skills for Nurses, Memorial Hospital, Jacksonville, Florida (April 26, 2001).
- Anatomy of a Lawsuit, River City Symposium, Ponce de Leon Resort, St. Augustine, Florida (August 24, 2001).
Published Articles
- Elizabeth D. Shaw, Scope of Practice Expands for Advanced Practice Registered Nurses and Physician Assistants, Medical Professionals – Jacksonville and the Beaches (August 2021).
- Elizabeth D. Shaw, Reproductive Health, RezLegal Client Alert (June 2020).
- Elizabeth D. Shaw, Nonopioid Alternatives, RezLegal Client Alert (June 2020).
- Elizabeth D. Shaw, Lack of Business Associate Agreement, RezLegal Client Alert (December 2018).
- Elizabeth D. Shaw, Health Care Clinic Establishment Permit, RezLegal Client Alert (July 2018).
- Elizabeth D. Shaw, Clinical Lab Licensure Update, RezLegal Client Alert (July 2018).
- Elizabeth D. Shaw, Modifier 25 on the Government’s Radar… Again, RezLegal Client Alert (July 2018).
- Elizabeth D. Shaw, Health Care Clinic Certificate of Exemption, RezLegal Client Alert (June 2018).
- Elizabeth D. Shaw, New Opioid Law, RezLegal Client Alert (June 2018).
- Elizabeth D. Shaw, Direct Primary Care, RezLegal Client Alert (June 2018).
- Elizabeth D. Shaw, Physician Supervision Requirements, RezLegal Client Alert (January 2017).
- Elizabeth D. Shaw, Government Using Data Analysis to Target Providers, RezLegal Client Alert (September 2016).
- Elizabeth D. Shaw, Florida’s Information Protection Act, RezLegal Client Alert (December 2015).
- Kirk S. Davis, Jane C. McConnell & Elizabeth D. Shaw, contributed Chapter 5: Managing the Risk of Information Flow, in Risk Management Handbook for Health Care Organizations (Roberta Carroll ed., 5th ed. 2006).
- Elizabeth Shaw, Patient Safety Update: Penmanship Counts, Akerman Senterfitt Newsletter (Winter 2004).
- Marshall Burack & Elizabeth D. Shaw, contributed Florida Law Sections, State by State Guide to Managed Care Law (Donald Levy ed. 2004).
- Kirk S. Davis, Jane C. McConnell & Elizabeth D. Shaw, contributed Chapter 44: Data Management, in Risk Management Handbook for Health Care Organizations (Roberta Carrol ed., 4th ed. 2004).
- Elizabeth D. Shaw, A Medical Malpractice Insurance and Asset Protection in Florida, 3 BYTES, Fla. Acad. of Family Physicians (May 2002).
- Stephen G. Prom & Elizabeth Shaw, contributed Chapter 17: Facing Legal and Insurance Issues, The Unofficial Guide to Alternative Medicine (1998).
Professional Affiliations
- The Florida Bar (Health Law Section)
- U.S. District Court, Middle District Court of Florida
- Member, American Health Lawyers Association.
- Member, American Bar Association (Health Law Section)
- President, Rotary Club of Mandarin, Jacksonville, Florida (2021-2022)
- Board Member, Rotary Club of Mandarin, Jacksonville, Florida
- Board Member, Florida Coastal School of Law Alumni (2006-2007)
- Board Member, Northeast Florida Information Network (NEFIN) (2005 – 2006)
- Board Member, Community Asthma Partnership Jacksonville, Inc. (2004)
- Board Member, Renaissance Behavioral Health Systems, Inc. (2000-2003)
Notable Client Work
- Assist cardiology practice to establish a cardiac catherization lab
- Develop joint venture catherization lab arrangement between cardiology practice and hospital
- Advise on joint venture transactions to establish diagnostic imaging centers, ambulatory surgery centers and other arrangements
- Successfully negotiate settlements with the United States Department of Justice with no licensure revocation, suspension or exclusion from government programs on behalf of:
- Compounding pharmacies;
- Clinical laboratories;
- Physician group practices; and
- Individual physicians and other licensed health care providers
- Structure complex compensation arrangements among physicians in large practices
- Assist physician practices with structuring in-office ancillary services
- Structure various types of concierge medical practices
- Merger of physician practices to form large single-specialty and multi-specialty group practices