Attorney - Howard W.  Reese III

Attorney:

Howard W. Reese III
Partner
HBS Atlanta Office

P: 404-954-6968
F: 404-954-5020
E: treese@hallboothsmith.com
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Overview

Howard W. "Trey" Reese III is a partner with Hall Booth Smith in its long term care / aging services and professional liability practice groups. He focuses his practice on the defense of professionals, long term care and residential care facilities, physicians, physician groups and integrated delivery systems.
Mr. Reese has represented clients in litigation and regulatory matters in long term care and senior housing. His practice focuses on professional malpractice defense for skilled nursing facilities, assisted living facilities and sub-acute facilities, fraud and abuse investigation management and defense, and civil monetary penalty (CMP) defense.
As part of his litigation and regulatory health care practice, Mr. Reese also has extensive experience pursuing administrative appeals before regulatory agencies on behalf of providers to recover and maximize reimbursement under the Medicare and Medicaid programs as well as address other regulatory matters. He has guided clients through the regulatory requirements for involuntary discharge of residents and has taken cases though trial.
Representative Experience:
• Represented skilled nursing facility in appeal of survey resulting in a Civil Monetary Penalty before a Federal ALJ.  After 2 days of testimony, resolution was reached.
• Defended nursing homes and personal care homes in hundreds of litigated cases.
• Defended adverse licensure actions on behalf of skilled nursing facilities and personal care homes.
• Created and implemented system-wide compliance program for skilled nursing facility operator.
• Created and implemented system-wide HIPAA compliance program for integrated health delivery system.
• Successfully defended health care provider in State recoupment action involving allegations of lack of medical necessity and documentation sufficient to support charges.
• Enforced arbitration agreements compelling litigants to a local arbitration forum rather than State Court.
• Defended health care provider in ZPIC audit alleging lack of medical necessity sufficient to support charges.
• Advised nursing home providers on daily operational issues including Medicaid eligibility, resident behavioral issues, sufficiency of documentation, contracts, vendor relationships and provider licensure questions.
• Outside General Counsel for the Medical Association of Georgia (MAG).
• Frequent speaker on Regulatory and Compliance Matters involving licensure, reimbursement and recoupment actions, fraud and abuse and operational issues.

Practice Areas

Professional Malpractice and Ethics

Mr. Reese has defended attorneys and other legal professionals in all types of claims; ranging from legal malpractice, breach of fiduciary duty, fraud to racketeering. He has experience in claims involving a wide range of substantive areas, including real estate, personal injury, domestic law, corporate transactions, title examination and title insurance indemnity and estate planning.  He has also provided advice, counsel and representation in licensing and disciplinary matters, and has defended against Georgia abusive litigation claims and Rule 11 motions.

Education

B.A., Philosophy, Florida Atlantic University, 1993

J.D., Georgia State University College of Law, 1997

Admitted

Georgia, 1997

Supreme Court of Georgia, Georgia Court of Apopeals and U.S. District Court, Northern District of Georgia, 1998

U.S. District Court, Middle District of Georgia, 2002

U.S. Court of Appeals  11th Circuit, 2003

U.S. Supreme Court, 2005

Speaking

“Surrogate Decision Makers, Privacy and Current Trends” Georgia Health Care Association Bi-annual Convention January 22, 2016
"Anatomy of a Fall Case" Georgia Health Care Association Bi-annual Convention June 18, 2015
"Preparing for and Navigating the IDR and IIDR Process," Georgia Health Care Association Bi-annual Convention, March 20, 2015
"Risky Business: The Art of Reducing Litigation Uncertainty and Settling Cases," Georgia State University Law Review Symposium, February 27, 2015
"Making a Molehill out of a Mountain" - Legal update on SNF 5 Star Rating System and the IMPACT Act, Georgia Health Care Association Bi-annual Convention, January 23, 2015
Update on OIG’s recent emphasis on reviewing billing practices, frequency of hospitalizations and adverse events, Georgia Health Care Association Bi-annual Convention, June 12, 2014
"Perspectives from the field, the same issues in different places," Service Options Using Resources in a Community Environment (SOURCE) Annual Convention, May 15, 2014
Update on OIG focus on culture of compliance, creating effective communication systems, Georgia Health Care Association Bi-annual Convention, January 24, 2014
"Residents Rights Boot Camp:  Life After the Affordable Care Act," Georgia Health Care Association, August 26, 2010, Macon, GA 
"How Hollywood Portrays Aging; Ethics Issues from Major Motion Pictures," Georgia Health Care Assocation Annual Convention June 17, 2010, Amelia Island, Florida
"RAC Audits: 10 Survival Tips for Skilled Nursing Facilities." Georgia Health Care Association Annual Conference, January 2010
"5-Star Essentials - What you need to know to stay current, The Fairness in Nursing Home Arbitration Act and The Transparency Act," Alabama Nursing Home Association's Meeting, May 2, 2009

Awards

AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Memberships

State Bar of Georgia
Defense Research Institute
American Health Lawyers Association
Georgia Defense Lawyers Association
American Society of Medical Association Counsel