Benjamin C. Fee

Attorney | Denver

Phone: (720) 282-2030
| Fax: (303) 801-3537

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About Benjamin

Ben Fee practices exclusively in the area of health law advising health systems, hospitals, pharmacies, long-term care providers and medical practices on a variety of regulatory, compliance and corporate transactional matters. He regularly counsels clients on fraud and abuse issues, including compliance with the federal Stark Law and federal and state anti-kickback statutes; government reimbursement and payment matters; corporate structure and reorganization; 340B drug discount program issues; state pharmacy laws, licensure and accreditation matters; and corporate compliance issues.

Ben's transactional experience includes advising on strategic coordination and optimization of third party reimbursement opportunities; analyzing, drafting, structuring and negotiating health care contractual arrangements; and counseling clients regarding mergers and acquisitions.

Additionally, Ben advises clients regarding voluntary self-disclosures made to the Office of Inspector General and the Centers for Medicare and Medicaid Services. He further counsels organizations regarding the functions of their corporate compliance programs, including coordinating internal investigations, recommending corrective action, reviewing program effectiveness and providing compliance education and training to provider staff and Board members.

EDUCATION

Iowa State University, B.S. - 2004; University of Iowa, M.H.A. - 2009

University of Iowa College of Law, J.D. - 2009

ADMITTED TO BAR

  • Iowa - 2014
  • Colorado - 2020

memberships

  • American Health Law Association
  • Wisconsin Bar Association
  • Iowa Bar Association
  • Iowa Hospital Association
  • Iowa Hospital Association’s Iowa Society of Healthcare Attorneys

Relevant Experience

  • Represented a hospital in the sale of substantially all of its assets to an unrelated health system.
  • Represented mid-sized, rural, municipal hospital in its acquisition by a large health system.
  • Represented nonprofit health system in self-disclosure to Centers for Medicare & Medicaid Services of over 50 problematic physician arrangements.
  • Represented multiple nonprofit hospitals in disclosure of problematic physician arrangements to Office of Inspector General.
  • Represented numerous hospitals in investigations by CMS related to alleged violations of EMTALA and Conditions of Participation, including the development of plans of correction and the negotiation with OIG regarding civil monetary penalties.
  • Represented a large specialty pharmacy in its expansion into 40 states.

Civic Involvement

  • Greater Des Moines Leadership Institute, Governance Chair-Elect, Board Member - 2017-2019
  • Greater Des Moines Leadership Institute - 2015-2016