Henry C. Fader
Henry C. Fader is a corporate and health care attorney in the Philadelphia office of Pepper Hamilton LLP and leads the firm’s health care practice.
Mr. Fader is experienced in implementing multi-generational transfers in closely held business organizations and related estate planning goals. He represents clients in various fields, including the arts, education, business and health care.
Mr. Fader’s corporate practice includes counseling businesses on debt financings, securities offerings, mergers and acquisitions, government regulation, tax and compliance matters. He is conversant with economic development alternatives for new and expanding businesses, and he has created innovative organizational structures for businesses, while tending to the related tax, governance and contractual issues.
Health Care Practice
Mr. Fader’s practice includes counseling health care providers of all types and sizes – physicians, hospitals, integrated delivery systems, academic medical centers and medical schools, service providers and long-term care providers. He focuses on organizational structuring and advises clients on tax-exempt financing, the formation and governance of nonprofit organizations, corporate governance and regulatory issues, as well as reimbursement, antitrust, antifraud and contractual matters, adapting new concepts to delivery, such as joint ventures and accountable care organizations to assist in developing more efficient relationships between physicians and institutional providers.
He is experienced in technology and the innovations it brings to the health care industry, and he counsels clients on the implementation of telemedical solutions and computerized patient records and the related regulatory, licensing, compliance and payment issues. He also counsels clients on compliance with the privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA), the HITECH Act and state laws relating to privacy and breach of data.
Mr. Fader’s health care experience includes:
- negotiating numerous mergers, sales of assets, joint ventures and transfers of control of for-profit and nonprofit provider organizations and institutions
- defending providers involved in payment and medical documentation audits of federal, state and private payors
- providing legal guidance in all types of provider financings for hospitals, ambulatory facilities, and long-term care and retirement communities
- advising pharmacies and medical providers regarding the establishment of Web sites and Internet pharmacies
- establishing licensed surgicenters and advising on compliance issues relating to such facilities
- resolving disputes between physician groups and institutional providers
- advising acute care and post-acute care health care programs as to proper treatment of the homeless population.
For many years, Mr. Fader has advised the business community on health care issues and participated with business leaders in efforts to reduce employers’ health care costs. He is involved in a leadership role in the current medical malpractice reform debate in Pennsylvania on behalf of providers and business, and he testified in February 2003 before the Pennsylvania House of Representatives’ Majority Policy Committee in its emergency hearing on the liability insurance crisis in Pennsylvania. He also has held leadership roles in HIPAA, preemption and privacy of health information issues in Pennsylvania.
A frequent writer and speaker, Mr. Fader’s recent articles include:
- “Legal Impact of Recent EHR De-Certifications,” Bloomberg BNA, May 13, 2013
- “Vendor’s Advice Could Result in Medical Malpractice Suit,” Physician Risk Management, April 2013
- “Frequent User Patients - Reducing Costs While Making Appropriate Discharges,” HFM (the magazine of the Healthcare Financial Management Association), March 2012
- “Developing Strategies for the Readmission of Homeless Patients,” Readmissions News, March 2012
- “Readmission Strategies for Homeless Patients,” Pepper Hamilton LLP Health Care Law Alert, January 12, 2012
- “What’s Ahead for Health Care Providers in 2012,” Pepper Hamilton LLP Health Care Law Alert, December 12, 2011
- “ACOs: Applying 20th Century Laws to 21st Century Ideas,” Pepper Hamilton LLP Health Care Law Alert, December 2010
- “Impact on Public Health Predicted From National Broadband Plan,” The Legal Intelligencer, September 2010
- “Risk Management and Law,” chapter in Population Health – Creating a Culture of Wellness (Jones & Bartlett Learning), August 2010
- “Impact on Public Health Predicted from National Broadband Plan,” Pepper Hamilton LLP Health Care Law Update, July 2010
- “Are Accountable Care Organizations in Your Vocabulary?” Pepper Hamilton LLP Health Care Law Update, April 2010
- “OIG Issues Troubling Report for Providers Concerning Never Events,” Pepper Hamilton LLP Health Care Law Update, April 2010
- “Pressure Continues on HACs and Never Events: Recent Developments,” Pepper Hamilton LLP Health Care Law Update, October 2009
- “Adverse and ‘Never’ Events: A Dilemma for Compliance Officers,” HCCA Compliance Today, Vol. 11, No. 10, October 2009
- “Commitment to Professional Responsibilities” (contributor), Professionalism in Medicine, October 2009
- “The Refinement of Adverse and Never Events: Are Providers Ready for a New Standard of Care?” BNA’s Medicare Report, March 2009
- “The Refinement of Adverse and Never Events—Time for a Plan,” Pepper Hamilton LLP Health Care Law Update, February 2009
- "Proper HIPAA Privacy Controls and Training Could Help Prevent Criminal Liability for Wrongful Access and Disclosure" (co-author), Journal of Healthcare Information Management, Winter 2009
- “Health Care Sector Not Immune from Financial Crisis: What You Should Be Doing,” Pepper Hamilton LLP Health Care Law Alert, November 2008
- “Moving From Portals to HIEs – Legal Issues to Consider” (co-author), Healthcare Information and Management Systems Society Legal Perspectives, Summer 2008
- “Never Events – Out of the Operating Room and into the Board Room,” Pepper Hamilton LLP Health Care Law Alert, February 2008
- “Embarking on a Health Care Project – Translating the Code,” Bloomberg Corporate Law Journal, November 2007.
His recent seminars, presentations and marketing accomplishments include:
- “Why Hospitals Need to Focus on Readmissions Now!” Los Angeles Regional Hospital Symposium Presentation, Los Angeles, CA, June 10, 2013
- “HIPAA/HITECH Final Rule Resource Center: Breach Notification; Business Associate Compliance; Top Ten Suggestions to Comply with the HIPAA/HITECH Rule” (co-presenter), Pepper Hamilton LLP Podcasts, March 19, 2013
- “Community-Wide EHR Data & Patient Referrals – A Legal Perspective” Healthcare for the Homeless Association, Washington, D.C., March 15, 2013
- “An Electronic Medical Home for Homeless Patients: A Provider Perspective” HIMSS13 Presentation, New Orleans, March 5, 2013
- “The Expanding Role of Compliance in Quality Initiatives,” New Jersey Hospital Association, Princeton, NJ, October 2, 2012
- “Oper@ting Safely on Social Networks: Legal Dos and Don’ts 2.0,” American College of Surgeons 98th Annual Clinical Congress, Chicago, IL, October 1, 2012
- “Revolving Door Patients: How to Reduce Costs of Care While Making Appropriate Discharges,” Metropolitan Philadelphia Chapter HFMA presentation, April 30, 2012
- “Discharge of the Homeless: Is It Patient Dumping? Critical Compliance and Regulatory Issues,” Pepper Hamilton LLP Podcast, March 2012
- “Current Legal Topics in mHealth,” Pepper Hamilton LLP and Canadian Consulate seminar, January 11, 2012
- “Revolving Door Patients: How to Reduce Costs of Care While Making Appropriate Discharges,” HFMA presentation in Southern California, November 17, 2011
- “Discharge of the Homeless: Valuing Care and Identifying Risks,” American Society for Healthcare Risk Management Webinar, September 8, 2011
- “Discharge of the Homeless: Is it Patient Dumping?” PASHRM Webinar, July 28, 2011
- “Renewable Energy for Hospitals and Health Care Providers: Solar, Wind and Cogeneration,” Moderator, Pepper Hamilton LLP Webinar, May 5, 2011
- “Discharge of the Homeless: Is it Patient Dumping?” Pepper Hamilton LLP Webinar, March 16, 2011
- “Preserving Tax-Exempt Status,” New Jersey Hospital Association Webinar, February 24, 2011
- “Never Events Impact on Pediatrics,” CHCA Corporate Compliance Forum, February 26, 2010
- “Why Physicians Should Care About Never Events,” HCCA Physician Practice Compliance Conference, October 2009
- “Why Should Finance Officers Care About Never Events,” HFMA Legislative Update, January 21, 2009
- “A Presidential Year and Health Care - A Good Mix?” Human Resource Management Association, Princeton, NJ, September 2008
- “Payment for Patient Services – HSAs and High Deductible Plans,” Pennsylvania Bar Institute, March 2007.
Mr. Fader is active in many professional and civic organizations. He is former chairman of the board of directors of the Pennsylvania Chamber of Business and Industry, the Commonwealth’s leading advocate for business. In his continuing role as a member of the Chamber’s Board, he is extremely conversant with the economic, political and financial drivers existing in Pennsylvania relating to health care.
Appointed by the Pennsylvania business community, he also served as vice chairman of the Pennsylvania Health Care Cost Containment Council, an independent state agency responsible for addressing the problem of escalating health costs and ensuring the quality of and access to health care, and as chairman of its Education Committee.
Mr. Fader is legal advisor to the board of the Hearing Loss Association of America (HLAA), a national organization devoted to assisting persons coping with hearing loss and its annual national fundraiser, Walk4Hearing. He is past chairman of the social services agency Intercultural Family Services, Inc., and a board member and solicitor of Eagleville Hospital. Mr. Fader is a faculty member in health law at the newly formed School of Population Health at Thomas Jefferson University and assisted in the development of the curriculum for its degree program in public health policy. He is a member of the American Society of Law, Medicine and Ethics.
Due to Mr. Fader’s interests in re-admission of patients for acute care hospitals, which is related to the provision of health care to the homeless population, he was asked to apply his expertise as a member of the Medical Standards Development Task Force of the Respite Care Providers’ Network. Mr. Fader is active in the American Health Lawyers Association, the National Association of Bond Lawyers and the Healthcare Financial Management Association and the Health Care Leadership Network of the Delaware Valley.
A.B. University of Rochester
J.D. Syracuse University, Order of the Coif; Symposium Editor, Syracuse Law Review
Admitted to practice in Pennsylvania and New Jersey