Diane M. Racicot’s practice focuses on business, compliance and reimbursement matters for health care providers and suppliers including hospitals, hospices, home health agencies, physician practices, durable medical equipment companies, clinical laboratories and medical transportation suppliers. Her practice includes assisting clients with developing corporate compliance programs, conducting internal compliance audits, responding to government audits and investigations, negotiating false claim act settlements and implementing and sustaining corporate integrity agreement obligations.
Ms. Racicot regularly provides compliance counseling to and has handled internal investigations for health care provider clients on a range of issues arising from federal and state anti-kickback and physician referral, federal health care program excluded provider, provider enrollment, grants management, clinical trial compliance and transparency reporting (e.g. the “Sunshine Act”) laws. She also assists clients with self-disclosures related to overpayments resulting from billing and data reporting practices.
Ms. Racicot works with provider, health plan and business associate clients to address state and federal (e.g. Health Insurance Portability and Accountability Act (HIPAA)) health care privacy and security requirements and she provides guidance to assist clients in resolving privacy and security incidents. She helps clients respond to third party subpoenas and other requests for patient records consistent with their privacy law obligations.
Ms. Racicot also represents Medicaid and Medicare managed care plans (e.g. County Organized Health System and Local Health Initiatives). She counsels health care plans with respect to state and federal regulatory compliance related to internal policies and procedures, provider and vendor contractual relationships and business operations.
She also has extensive general business and health care litigation experience.
Ms. Racicot is a graduate of the University of San Diego School of Law (J.D. cum laude, 1990) and the University of California, Santa Barbara (B.A. 1980). She was admitted to the California Bar in 1990 and is admitted to practice before the Ninth Circuit Court of Appeals and the United States District Courts for the Southern, Northern and Central Districts of California.
Ms. Racicot’s professional affiliations include the American Health Lawyers Association, the Health Law section of the American Bar Association, the California Society for Healthcare Attorneys, the Healthcare Financial Management Association, the California Hospice & Palliative Care Association and the San Diego County Bar Association.
Additionally, Ms. Racicot has been recognized by Chambers and Partners as outstanding health care attorney in Chambers USA.
Recent Seminars and Speeches
- "Outlining Selected State, Federal and Industry Guidelines for Compliant Scientific Information Exchange," 9th Annual Medical Science Liaison (MSL) Best Practices Conference, San Diego, CA, September 26-27 2011 (Speaker)
- "Corporate Integrity Agreements: Planning and Management," The International Publication Planning Association's (TIPPA) 9th Annual Meeting, Carlsbad, CA, June 23-24 2011 (Panel Moderator)
- Co-Speaker, "Interaction of Compliance and Employment Laws in Hospice Programs," California Hospice and Palliative Care Association's 2008 Annual Conference, San Mateo, CA, 2008 (Co-Speaker)