Tim Burkhard

Associate

T.Burkhard Cropped

Contact

Phone: (248) 996-8510

tburkhard@thehlp.com

Location

THE HEALTH LAW PARTNERS, P.C.

32000 Northwestern Hwy

Suite 240

Farmington Hills, MI 48334

Timothy Burkhard is an associate with The Health Law Partners, and focuses his practice on health care litigation with a particular concentration on defending individuals and health care entities from allegations of Medicare and Medicaid fraud brought by whistleblowers pursuant to the civil False Claims Act. He has also provided significant assistance in the representation of health care entities, including a large hospital system, subject to an investigation for Medicare and Medicaid fraud by the federal government.

Recently, his work was instrumental in the summary judgment dismissal of allegations of widespread fraud against a psychiatric hospital and the pre-answer dismissal of allegations of fraud against a large hospital. He has developed a specific expertise in the particularity requirements of Rule 9(b) of the Federal Rules of Civil Procedure as they apply to allegations of fraud brought by whistleblowers under the False Claims Act and the requirements and limits of the substance abuse privacy laws and regulations, which provide a high level of privacy to substance abuse patients.

Tim also uses his background in labor and employment law to assist and advise health care entities with employment issues, including issues arising under the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and other state and federal labor and employment laws which affect health care entities. He also has significant experience defending health care employers from claims of employment discrimination, wrongful termination, and retaliatory discharge, including the favorable settlement of claims that former employees had been discharged because of their whistleblowing activities. His practice also encompasses health care business transactions and corporate matters, licensure matters and white-collar criminal defense.

He has been named a Rising Star by Super Lawyers in 2013 and 2014.

Practice Areas view

  • Anti-Kickback Statute, Stark Law and Fraud & Abuse Issues
  • Compliance and Regulatory Guidance
  • Corporate and Transactional Matters
  • Health Care Investigations & Litigation
  • Health Care IT
  • HIPAA, Privacy & Security
  • Licensing and Staff Privilege Matters
  • Medicare, Recovery Auditors/RAC Medicaid, and Private Payor Audit Defense and Appeals
  • Telemedicine/Telehealth

Education view

  • J.D., The University of Toledo College of Law, 2009
    Honors: Magna Cum Laude
    Honors: Member, Order of the Coif
    Honors: Dean’s List Every Semester
    Honors: Best Overall Grade in nine law school classes

 

  • B.A., Western Michigan University, 2004
    Honors: Cum Laude
    Major: Political Science
    Minor: Sociology

Bar Admissions view

  • Michigan
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan

Professional Associations view

  • State Bar of Michigan
  • Oakland County Bar Association

Published Works view

  • Alan Gilchrist and Timothy Burkhard, CMS Regulation Expands Authority to Suspend Payments: What Providers Need to Know, J. HEALTH & LIFE SCI. L., October 2012, © 2012 American Health Lawyers Association.
  • “You Want to Take This Outside?!” Breaking Down Michigan’s New Smoking Ban, Oakland County Bar Association Laches Magazine, August 2010

Speaking Engagements view

  • “‘No’ to Smoking: An Employer’s Guide to Navigating the New Law” (webinar), April 28, 2010
  • Human Resource Record Keeping Seminar, Michigan Chamber Services (co-presenter), January 28, 2010

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