Amanda L. Waesch

Vice President

Amanda Waesch is a member of the firm’s Executive Committee and also serves as the Marketing and Business Development Chair. She operates a national healthcare practice, focusing primarily on healthcare, employment law, corporate law, and healthcare litigation. Ms. Waesch advises all types of employers, in particular healthcare providers, including, hospitals and physicians, on various matters.

She also chairs the firm's litigation team that is primarily responsible for handling all reimbursement audits and appeals for her firm’s healthcare clients and heads up BMD's Provider Relations, Audit, Appeals and Negotiations Unit (PRAAN) which handles all-payer audits, appeals, overpayments and payment extrapolations.

Ms. Waesch has been practicing law since 2008 and is licensed in both Ohio and Florida.

 

 

Contact Information

75 East Market Street, Akron, Ohio 44308
8891 Brighton Lane, Suite 127, Bonita Springs, Florida 34135
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Education

The University of Akron School of Law, J.D., summa cum laude
Mount Union College, B.A., Accounting and Political Science, summa cum laude
University of Reading

Overview

Ms. Waesch's work focuses on many different areas such as drafting, reviewing and litigating employment agreements; non-compete agreements and severance agreements; drafting and reviewing employer handbooks; independent contractor evaluations; management and training issues; general corporate matters; Medicare certification, state licensure, and accreditation; regulatory compliance, HIPAA privacy and security laws; fraud and abuse laws; joint venture structural analysis; compliance plans; practice start-ups; practice expansion; integrated medicine; regenerative medicine; concierge medicine; MSOs, IPAs and management agreements, and healthcare litigation.

She is the founder and creator of BMD Gateway, a cloud-based proactive risk management solution for employers. BMD Gateway is a customizable attorney-branded, maintained and updated cloud-based online learning and data management system. Developed by industry-leading attorneys to prevent, protect and preemptively avoid disputes through comprehensive training and compliance programs and trainings, policy and document acknowledgement, tracking and reporting quickly eliminating employers from employment litigation when disputes arise.

Ms. Waesch serves as a frequent lecturer for a variety of organizations at various events around the country each year focusing on healthcare and hospital law and is available as a featured speaker. She is the preferred legal service provider for Nair Consultants, providing compliance guidance during lab startup and setup services.

Representative Matters

Healthcare Transactions

  • BMD's Provider Relations, Audits, Appeals and Negotiations Unit (PRAAN) received a favorable Medicare Redetermination Decision (Level 1) overturning a $3.6 million overpayment allegation following a UPIC audit.
  • Represented developer and project leaders in development, capital raise, and debt financing of three 100-bed community hospital projects (averaging $50M)
  • Represented developer and project leaders in development, capital raise, and debt financing of purchase of 2 community hospitals out of bankruptcy (averaging $20M)
  • Represented multiple practice startups (averaging $500k) and capital/debt raises (ranging from $2M to $20M)
  • Represented multiple buyers in practice acquisitions (averaging $1M)

Courts & Bar Associations

  • Ohio Bar (2008)
  • Florida Bar (2009)
  • U.S. District Court for the Northern District of Ohio
  • Ohio State Bar Association
  • Akron Bar Association
  • Florida Bar Association
  • American Bar Association
    • Health Law Section
  • United States Court of Appeals for the Sixth Circuit

Professional Honors & Awards

  • National Society of Certified Healthcare Business Consultants 2019 Recipient of the Lenny Schwartz Go-Getter Award
  • National Society of Certified Healthcare Business Consultants
    • Chair, Education Committee
  • Akron Foundation Fellow
  • ATHENA Akron Award 2019, Akron Women Leaders New to their Position
  • University of Akron, HR/Leadership Advisory Board
  • American Health Lawyers Association
  • The University of Akron, School of Law, Health Law, Adjunct Professor (2012-2014)
  • The University of Akron College of Business Administration, Leadership Advisory Committee Member
  • Rootstown Local School District, Board Member (2016-2020)
    • Rootstown Board of Education, President (2019-2020)
    • Rootstown Board of Education, Vice President (2018)
  • Project 44 Committee, Rootstown, Board Member
  • University of Mount Union Alumni Association, Executive Board Member
    • Chair, Alumni Weekend and Awards Committee Chair

Presentations & Publications

Presentations

  • HHS Provider Relief Funds Reporting Requirements: Important Updates Every Provider Should Know, American Health Law Association, November 9, 2020
  • Healthcare Fraud and Compliance Update, Administrator Support Community for ENT, July 29, 2020, Webinar
  • You Have the Money, Now What? – Planning strategies and current guidance on the PPPL, EIDL, Stimulus and HHS Funds, National Society of Certified Healthcare Business Consultants, NSCHBC 2020 Annual Meeting, June 5, 2020, Virtual
  • The New CMS Exclusion Rules & Enrollment Denials: What All Providers Should Know, NAMAS 2020 Virtual Conference, March 12, 2020, Webinar
  • Defining Compliance: OIG 101 and Its Impact on Your Organization, January 14, 2020, NAMAS Webinar
  • False Claims Act & Enforcement, NAMAS 11th Annual Auditing & Compliance Conference 2019, October 30, 2019, Wyndham Grand Clearwater Beach, Clearwater Beach, Florida
  • Healthcare Fraud & Compliance Update, NAMAS 11th Annual Auditing & Compliance Conference 2019, October 29, 2019, Wyndham Grand Clearwater Beach, Clearwater Beach, Florida
  • So… You Want to Be an Expert?, NAMAS 11th Annual Auditing & Compliance Pre-Conference 2019, October 27, 2019, Wyndham Grand Clearwater Beach, Clearwater Beach, Florida
  • The Legal & Compliance Concerns Caused by the Opiate Crisis, Hawaii Professional Coders Education Fund, 15th Annual Hawaii Coding Conference, September 2019, Honolulu, Hawaii
  • The New CMS Exclusion Rules & Enrollment Denials: What All Providers Should Know, NAMAS Virtual Conference, March 2020, Webinar
  • Defining Compliance: OIG 101 and Its Impact on Your Organization, January 2020, NAMAS Webinar
  • False Claims Act & Enforcement, NAMAS 11th Annual Auditing & Compliance Conference, October 2019, Wyndham Grand Clearwater Beach, Clearwater Beach, Florida
  • Healthcare Fraud & Compliance Update, NAMAS 11th Annual Auditing & Compliance Conference, October 2019, Wyndham Grand Clearwater Beach, Clearwater Beach, Florida
  • So… You Want to Be an Expert,? NAMAS 11th Annual Auditing & Compliance Pre-Conference, October 2019, Wyndham Grand Clearwater Beach, Clearwater Beach, Florida
  • UPICs: What to Do When They "PIC" You, NAMAS 2019 Virtual Conference, June 2019, Webinar
  • What Lies Ahead for Managed Care Organizations with Respect to Opioid Litigation, ACI 10th Annual Forum on Managed Care Disputes and Litigation, May 2019, Chicago, Illinois
  • Fair Hearings - Medical Staff Credentialing & Privileging, FAMSS 38th Annual Educational Conference, May 2019, Orlando, Florida
  • Targeted Probe Audit Update, National Society of Certified Healthcare Business Consultants, NSCHBC Winter Workshop, January 2019, Fort Myers, Florida
  • What Every Employer Needs to Know Now!, December 2018, Webinar
  • The Legal & Compliance Concerns Caused by the Opiate Crisis, NAMAS Auditing & Compliance Conference, November 2018, Clearwater Beach, Florida
  • Negotiating and Maintaining a Corporate Integrity Agreement (“CIA”), NAMAS Auditing & Compliance Conference, November 2018, Wyndham Grand Clearwater Beach, Clearwater Beach, Florida
  • Medical Economics Roundtable, National Society of Certified Healthcare Business Consultants, NSCHBC Annual Conference, June 2018, Charleston Marriott, Charleston, South Carolina
  • Florida Amendment 7: Case Law Updates, Practical Implications, and Current Trend, Florida Association Medical Staff Services, FAMSS Annual Education Conference, May 2018, Hilton St. Petersburg Bayfront, St. Petersburg, Florida
  • Ask an Attorney, National Society of Certified Healthcare Business Consultants, NSCHBC Winter Workshop, January 2018, Markham Norton Mosteller Wright & Company, Fort Myers, Florida
  • Trends in Coding Audits/Audit Protection, National Society of Certified Healthcare Business Consultants, NSCHBC Annual Conference, May 2017, Hyatt Regency, Indianapolis, Indiana
  • Medical Economics Roundtable, National Society of Certified Healthcare Business Consultants, NSCHBC Annual Conference, May 2017, Hyatt Regency, Indianapolis, Indiana
  • Regulatory Compliance Update: What You Need to Know to Stay Out of Trouble, Ohio Association of Community Health Centers, Annual Conference, March 2017, Hilton Columbus-Polaris, Columbus, Ohio
  • Team Building Workshop: The Do’s and Don’ts of Healthcare, BMD Healthcare Leadership and Innovation Summit, January 2017, Ritz Carlton, Grande Lakes, Orlando, Florida
  • Healthcare Fraud and Compliance Update, Healthcare Financial Management Associates, Northeast Ohio Chapter, Healthcare Huddle, November 2016, Embassy Suites, Independence, Ohio
  • Department of Labor Legal Update: Ensuring Compliance and Preparing for an Audit, AIU Insurance, October 2016, Webinar
  • Employers at Risk: An Interactive Workshop on How to Take Action, Mitigate Risks, and Achieve Compliance, December 2015, Greystone Hall, Akron, Ohio
  • Does Your Elevator Speech Help You Rise to the Top, Brennan, Manna & Diamond, Attorney Retreat, April 2015, Hotel Monaco, Denver, Colorado
  • Navigating the Affordable Care Act: Understanding the Individual Mandate, The Employer Mandate, Insurance Exchanges and Strategic Options for Compliance with PPACA, Medina Business Network, June 2014, Medina, Ohio
  • Navigating the Affordable Care Act: Understanding the Individual Mandate, The Employer Mandate, Insurance Exchanges and Strategic Options for Compliance with PPACA, National Society of Certified Healthcare Business Consultants, NSCHBC Annual Conference, June 2014, El Conquistador, Fajardo, Puerto Rico
  • Navigating the Affordable Care Act: Understanding the Individual Mandate, The Employer Mandate, Insurance Exchanges and Strategic Options for Compliance with PPACA, Brennan, Manna & Diamond, Attorney Retreat, May 2014, Gaylord Opryland, Nashville, Tennessee
  • Employer Options for Healthcare Coverage in the Wake of Healthcare Reform, Healthcare Financial Management Association, March Madness, March 2014, Quicken Loans Arena, Cleveland, Ohio
  • Navigating the Affordable Care Act: Understanding the Individual Mandate, The Employer Mandate, Insurance Exchanges and Strategic Options for Compliance with PPACA, Healthcare Financial Management Association, Healthcare Reform, Insurance Exchanges, Consumer Pricing, Service Recovery and Tax Planning, April 2014, Robinson Memorial Hospital, Ravenna, Ohio
  • Navigating the Affordable Care Act: Understanding the Individual Mandate, the Employer Mandate, and Insurance Exchanges, and Strategic Options for Compliance with PPACA, Apple Growth Partners, January 2014, Akron, Ohio
  • Navigating the Affordable Care Act: Understanding the Individual Mandate, the Employer Mandate, and Insurance Exchanges, and Strategic Options for Compliance with PPACA, Healthcare Financial Management Association, August 2013, Quail Hollow Country Club, Concord, Ohio
  • Ohio Medical Records Law: Confidentiality Issues – Basic Concepts and Legalities, Lorman Education Services, Medical Records Law, April 2013, Crowne Plaza Cincinnati – Blue Ash, Cincinnati, Ohio
  • Ohio Medical Records Law: Legal Issues in Electronic Health Records and Health Information Exchange, Lorman Education Services, Medical Records Law, March 2013, Holiday Inn Cleveland South, Cleveland, Ohio
  • Ohio Medical Records Law: Confidentiality Issues – Basic Concepts and Legalities, Lorman Education Services, Medical Records Law, February 2013, Hilton Akron Fairlawn, Akron, Ohio
  • Overview of OIG’s Recent Scrutiny of Provider-Based Billing: Everything You Need to Know, American Association of Healthcare Administrative Management, January 2013, Webinar
  • “RAC’ing” Up the Costs for Providers: How You Can Protect Yourself from RACs and MICs and Avoid Large Overpayment Penalties, American Association of Healthcare Administration Management, 2012 Annual National Institute, October 17-19, 2012, Coconut Point, Bonita Springs, Florida
  • Does It Matter to Me? Healthcare Reform and the Supreme Court’s Decision: Everything You Need to Know, Lake Health Foundation, September 27, 2012
  • The ABC’s of Healthcare…Sorting Through the Acronyms, First Merit Bank, October 19, 2011, Portage Lakes, Ohio
  • Healthcare Hot Topics: What Every Physician Should Know, Charlotte County Medical Society, October 19, 2011, Peace River Regional Medical Center, Port Charlotte, Florida
  • The ABC’s of Healthcare…Sorting Through the Acronyms, First Merit Bank, September 14, 2011, Akron, Ohio
  • “Friending” Meaningful Use: How to Keep Up With Ever-Changing Healthcare Regulations and Technology, GBS Healthcare, May 25, 2011, Traverse City, Michigan
  • The “Likes” and “Dislikes” of HITECH; “Friending” Meaningful Use:  How to Keep Up With Ever-Changing Healthcare Regulations and Technology, Lee Memorial Health System, Ft. Myers, Florida, March 28, 2011
  • Health Care Law & You:  Regulatory Mazes, Employment Dilemmas, and Today’s Business Strategies, Palm Beach Centre for Graduate Medical Education, March 23, 2011
  • Changes in Health Care:  What Every Physician Needs to Know, Doctors Hospital of Sarasota, Annual Medical Staff Meeting, November 17, 2009
  • Utilizing Outside Organizations for Credentialing and Peer Review, Including CVOs and PSOs, National Association of Medical Staff Services, 33rd Annual Conference and Exhibition, October 3-7, 2009, Grand Sierra Resort, Reno, Nevada

Publications

  • CLIENT ALERT: Employer COVID Toolkit, July 2020
  • CLIENT ALERT: HHS Delays Quarterly Reporting for Provider Relief Funds, June 2020
  • CLIENT ALERT: July 20 is Important Deadline for HHS Fund Distributions to Medicaid and CHIP Providers, June 2020
  • CLIENT ALERT: Important Updates, Deadlines, and Clarifications for the HHS Provider Relief Funds, May 2020
  • CLIENT ALERT: Back to Work: Employer Documents, May 2020
  • CLIENT ALERT: The $70 Billion Question - CARES Act Provider Relief Fund Helping Hardest Hit Hospitals First, April 2020
  • CLIENT ALERT: Pondering Over Patient Billing: CARES Act and Provider Relief Fund Lead to More Questions, April 2020
  • CLIENT ALERT: The CARES Act Provider Relief Fund: What We Know So Far..., April 2020
  • CLIENT ALERT: Florida HB 607 - APRNs Can Now Admit, Care, Discharge Patients without Physician Oversight, March 2020
  • CLIENT ALERT UPDATE: AHCA License Alert, January 2020
  • CLIENT ALERT: AHCA License Alert: What Every Behavior Analysis Provider Should Know!, January 2020
  • CLIENT ALERT: Medicare Providers having multiple locations should verify and revalidate their address information to avoid claim denials, June 2019
  • Amanda Waesch Weighs in on Leasing v. Buying Medical Office Space, Medical Economics, Vol. 95, Issue 12, June 2018
  • CLIENT ALERT: Prohibition on Recoupment Prior to Exhaustion of Administrative Remedies, May 2018
  • The Truth about ZPICs: Why Oversight is Needed, August 2017
  • What New Rules on Overtime Pay Mean to Physician Practices, Medical Economics, July 2016
  • CLIENT ALERT: CCJR Update: Final Rule, November 2015
  • CLIENT ALERT: CMS Proposes New Discharge Planning Rules, November 2015
  • CLIENT ALERT: Outpatient Prospective Payment System Reimbursement for Newly Created or Acquired Off-Campus Hospital Outpatient Departments, November 2015
  • CLIENT ALERT: CMS CY 2016 MPFS Stark Law Revisions, November 2015
  • CLIENT ALERT: FCC Publishes Details About How July Order Clarifies TCPA, October 2015
  • CLIENT ALERT: Effect of TCPA Focused Declaratory Ruling and Order on Healthcare Entities, August 2015
  • CLIENT ALERT: OARRS Practice Recommendations, August 2015
  • CLIENT ALERT: The NOTICE Act: Changes to Outpatient Observation Services, August 2015
  • CLIENT ALERT: Department of Labor (DOL) Proposed Rules Regarding the Fair Labor Standards Act: Overtime Regulations, July 2015
  • CLIENT ALERT: EEOC Proposed Rule on the ADA and Employer Wellness Programs, July 2015
  • CLIENT ALERT: EEOC Proposed Rule and its Interaction with the IRS-DOL Rules on Employer Wellness, July 2015
  • CLIENT ALERT: IRS Releases Draft 2015 Employer Health Care Reporting Instructions, June 2015
  • CLIENT ALERT: Supreme Court Upholds Affordable Care Act Subsidies, June 2015
  • Payor Audits and Investigations: Ten Mistakes to Avoid, Ohio State Chiropractic Association, May 2015
  • CLIENT ALERT: Latest Delay to the Affordable Care Act’s Employer Mandate, February 2014
  • CLIENT ALERT: Internal Revenue Service Issues Final 501(r) Regulations, February 2015
  • CLIENT ALERT: Final Regulations Issued Under PPACA and Delays to Employer Mandate, February 2014
  • CLIENT ALERT: Healthcare Compliance Reminders: HIPAA Final Rule, Insurance Exchange, and Mandatory Compliance Programs, November 2013
  • CLIENT ALERT: Employer Mandate Delay and Employer Reporting Requirements under PPACA, October 2013
  • CLIENT ALERT: Hospital Inpatient Prospective Payment System Fiscal Year 2014 Final Rule, September 2013
  • CLIENT ALERT: REMINDER – October 1, 2013 Deadline for Employers to Provide Notice to Employees Regarding the New Health Insurance Exchange, September 2013
  • CLIENT ALERT: CMS Audits and Denials for CPT Evaluation/Management Code 99310, June 2013
  • Understanding, Implementing, and Achieving Compliance Under the HIPAA Final Rules, Ohio State Chiropractic Association, May 2013
  • CLIENT ALERT: Fiscal Cliff Bill Extends Time Limit on Medicare Overpayment Recovery, February 2013
  • CLIENT ALERT: The Sunshine Act and National Physician Payment Transparency Program, August 2013
  • CLIENT ALERT: Recent Settlements Under the Self-Referral Disclosure Protocol, July 2013
  • CLIENT ALERT: Notice of Termination of Physician’s Employment with a Health Care Entity, February 2013
  • CLIENT ALERT: HIPAA Final Rule Issued January 17, 2013, January 2013
  • CLIENT ALERT: Storing PHI on a Cloud: What You Should Do to Protect Your PHI, January 2013
  • CLIENT ALERT: 2013 Health Care Reform Deadlines and Changes, November 2012
  • CLIENT ALERT: OIG Approves of ED Per Diem Specialist Call Pay, November 2012
  • CLIENT ALERT: RAC Update: “RAC Act” Introduced in Congress, November 2012
  • Strategies to Improve Your Bottom Line: No Show Fees and Credit Card Guaranties, Ohio State Chiropractic Association, November 2012
  • CLIENT ALERT: HIPAA/HITECH Audit Protocols, July 2012
  • CLIENT ALERT: IRS Regulations for 501(c)(3) Hospitals under the PPACA, July 2012
  • CLIENT ALERT: Final Rule Regarding Conditions of Participation for Hospitals effective July 16, 2012, July 2012
  • CLIENT ALERT: HIPAA Breaches and HHS Notification, February 2012
  • BMD Recovery Audit Contractor (RAC) Strategy: Development of Offensive and Defensive Strategies
  • The FACTA Is…Are You In Compliance?, Stark County Medical Society, January 2009

 

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