Howard W. Reese III

191 Peachtree Street NE
Suite 2900
Atlanta, GA 30303-1775

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.

ADMITTED

  • Georgia, 1997
  • Supreme Court of Georgia, Georgia Court of Appeals 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

EDUCATION

  • B.A., Philosophy, Florida Atlantic University, 1993
  • J.D., Georgia State University College of Law, 1997

MEMBERSHIPS

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

Recognitions

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
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Practice Specific Experience

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.

ADMITTED

  • Georgia, 1997
  • Supreme Court of Georgia, Georgia Court of Appeals 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

EDUCATION

  • B.A., Philosophy, Florida Atlantic University, 1993
  • J.D., Georgia State University College of Law, 1997

MEMBERSHIPS

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

Recognitions

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Sorry, no posts matched your criteria.
Practice Specific Experience