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henry

An accomplished attorney, Henry draws on his decades of experience to guide health care professionals and entities through complex regulatory, administrative, and litigation matters. 

In his counseling practice, Henry helps clients minimize legal risk while ensuring compliance with the complex federal and state regulations that govern the health care industry. He provides strategic counsel in the areas of Fraud, Waste, and Abuse (FWA) laws, including the Stark Law and the Anti-Kickback Statute, and he has a sharp knowledge of the Health Insurance Portability and Accountability Act (HIPAA). He also guides clients through U.S. Drug Enforcement Administration and U.S. Food and Drug Administration investigations, Medicare and Medi-Cal reimbursement, medical staff and credentialing and licensing issues, and business disputes involving long-term care, behavioral health, and substance abuse treatment.

In his litigation practice, Henry has represented clients in a broad range of civil disputes, including health care, labor and employment, and antitrust cases. He has successfully defended hundreds of physicians and other medical professionals facing investigations or disciplinary actions before the Medical Board of California. Additionally, Henry has achieved numerous appellate victories for physicians and health care providers, arguing before the U.S. Supreme Court and the California Supreme Court. 

Much More Than My Work

When I’m not at work, I enjoy spending time with my 10 grandchildren. I also keep my body and mind active by running, skiing, reading, and brushing up on foreign language skills.

When my wife, a University of Southern California graduate, lets me, I love to attend UCLA basketball games.

Client Successes

  • Successfully defended a dentist charged with fraud by the California Dental Board by obtaining dismissal of accusation.
  • Resolved case brought against pharmacy by the California State Board of Pharmacy in connection with alleged unlawful internet prescribing, seeking over $1 million in fines, for a minimal amount.
  • Advised physicians with respect to disputes pertaining to their contracts and staff privileges at hospitals and with employers.
  • Persuaded California Attorney General that there was no basis for criminal charges against surgeon in case where initially prosecution was certain.
  • Represented surgicenters and physicians practicing at surgicenters in various disputes and government investigations.
  • Successfully defended an anesthesiologist charged with various charges of gross negligence and repeated acts of negligence by the California Medical Board and obtained dismissal of accusation.
  • Advised a governing body at a hospital with respect to various issues, including the Stark Law and Anti-Kickback Statute, pertaining to exclusive physician contracts.
  • Represented hundreds of physicians investigated by the California Medical Board and avoided filings of accusations.
  • Successfully represented a Durable Medical Equipment (DME) supplier in Medicare administrative hearings seeking a recovery of millions of dollars.
  • In the case of Bode v. Los Angeles Metropolitan Medical Center, secured $2.1 million jury verdict against the Los Angeles Medical Metropolitan Center in one of the largest jury verdicts stemming from a hospital peer review hearing.
  • In Grier vs. Department of Health Services and in UAPD vs. Department of Health Services as trial counsel, won important cases on behalf of physicians facing huge extrapolated audit demands and established precedents that limited the ability of the Department of Health Services to unfairly audit physicians.
  • In Florence Western Medical Clinic vs. Coye, established the precedent that physicians may be able to avoid repayment entirely or obtain a reduction in claimed overpayments when there is a delay by the Department of Health Services.
  • In the case of Potvin vs. Metropolitan Life Insurance Company in the California Supreme Court, established the right of physicians to a hearing before being terminated or deselected by HMOs, insurance companies, or other health care entities.
  • In San Joaquin Hospital vs. Pacificare, won an appellate decision on behalf of a hospital against an HMO reversing a trial court decision and reinstating a lawsuit for more than $8 million in damages.
  • In the landmark decision of Sahlolbei vs. Providence Healthcare, established the right of physicians facing non-reappointment of their staff privileges by a hospital to maintain their staff privileges until all internal remedies under the medical staff bylaws are exhausted.
  • In the case of Hayes vs. Cedars Sinai, established the right of a physician to a hearing when his application for staff privileges was denied.
  • In the decision of In Re Pomona Valley Medical Group, Inc., established the right of a physician to pursue state law claims against a health care network that had filed for bankruptcy.
  • In Bode v. Los Angeles Metropolitan Medical Center, led a case in which the court clarified that the medical staff may not sanction or discipline physicians for wrongdoing unless they prove the charges with a preponderance of evidence.

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