Tomek Koszylko

Tomek J. Koszylko

Associate

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Healthcare
Healthcare
San Francisco

Tomek represents a wide range of health care and senior care clients in transactional and regulatory matters.

His health care clients include hospitals, health systems, mental health facilities, rural health centers, hospices, medical groups, pharmacies, and clinical laboratories. Tomek counsels these clients on state and federal licensing and certification, Medicare and Medi-Cal enrollment and exclusion, compliance with HIPAA and state privacy laws, patient consent, Stark and Anti-Kickback Statute compliance, and general contract and corporate governance matters.

In the senior care and senior housing fields, Tomek has worked with clients that own and operate independent and assisted living communities, multilevel retirement communities, continuing care retirement communities, and skilled nursing facilities in California and other states. In this capacity, he has revised clients’ admission agreements, submitted  licensing and certification filings related to changes of ownership and other corporate changes, advised clients on compliance with Medicare and Medi-Cal rules, reviewed and updated resident privacy policies, and obtained tax-exempt recognition for clients under sections 501(c)(3), (c)(6), and (c)(7) of the Internal Revenue Code.

Representative Work

Assisted mail-order pharmacy client with licensing matters related to a stock sale resulting in a change of ownership. Oversaw and coordinated pharmacy license applications in 45 states and worked with state agencies to concurrently issue all pharmacy licenses on the date of the sale.

Assisted two national senior care clients with state licensing issues related to a merger and related real estate investment trust (“REIT”) transaction. Submitted license filings and obtained approval from the California Department of Social Services for 9 of the clients’ California-based continuing care retirement communities.

Submitted notice filings to the California Attorney General’s Office on behalf of nonprofit senior care clients in connection with the sales of skilled nursing facilities, and subsequently secured the Attorney General’s approval of these sales.

Prepared and updated HIPAA privacy policies and procedure manuals for senior care clients in California, Arizona, Washington, Idaho, and Illinois. Assisted in developing general resident privacy policies for assisted living providers not subject to HIPAA privacy rules.

Assisted hospital clients with submitting voluntary repayments of Medicare reimbursements under the Office of Inspector General’s Self-Referral Disclosure Protocol, following the discovery of Stark Law noncompliance.

Assisted health system client undergoing a corporate restructuring with the resulting relicensure and recertification of multiple affiliated California-based hospitals, clinics, pharmacies, clinical laboratories, and other facilities.

Assisted mental health technology company with data privacy and security issues under HIPAA and California state law (Confidentiality of Medical Information Act and Lanterman-Petris-Short Act).

Publications

"When Disaster Strikes: Disaster Preparedness in Seniors Housing," ASHA Special Issues Brief (Fall 2017)

"Legal Marijuana Raises Burning Issues in Senior Care," Senior Housing Business (September 2017)

"Medical Marijuana: What's a Provider to Do?," LeadingAge California Engage Magazine (July 2017)

"Supreme Court Reiterates Arbitration Agreements Must Be Placed on Equal Footing with Other Contracts," co-author, Senior Housing and Care Law Alert (June 2017)

"Special Issue Brief: Medical Marijuana in Seniors Housing and Senior Care Communities," American Seniors Housing Association (November 2016)

"Stark Regulations Updated to Include New Exception for Recruitment of Non-Physician Practitioners," co-author, Health Care Law Alert (January 2016)

"New York Court Rules Against Hospital Defendants in ACA '60-Day Rule' Case," co-author, Health Care Law Alert (August  2015)

"Revisiting Arbitration Agreements: Legal Trends and Practical Advice," co-author, American Seniors Housing Association Special Issue Brief (Spring 2015)

"OIG Report Scrutinizes Hospice Care Provided in Assisted Living Facilities," co-author, Health Care Law Alert (March 2015)

"California Urgent Care Centers Offer Opportunities for New Revenue, but Raise Legal Issues," co-author, Healthcare Law Alert (August 2014)

"Circuits Split Over Health Exchange Subsidies," Legal By the Bay BASF Blog (July 2014)

"Ensuring Compliance With Criminal Background Checks," co-author, American Seniors Housing Association Special Issue Brief (Summer 2014)

"OIG Report Finds that One–Third of Medicare Beneficiaries Experienced Harm During SNF Stays," AHLA Post-Acute and Long-Term Services Practice Group Member Alert (March 2014)

"California Federal Court Invalidates Skilled Nursing Arbitration Restrictions in Patients’ Bill of Rights Act," co-author, Senior Housing and Care Law Alert (February 2014)

See All Publications

Presentations

"A Different Kind of Green Revolution: Medical Marijuana in Senior Care," presenter, LeadingAge California 56th Annual Conference and Exposition (May 2017)

"Anatomy of an Affiliation," speaker, LeadingAge California 56th Annual Conference and Exposition (May 2017)

See All Presentations

Professional Affiliations

American Health Lawyers Association

American Bar Association, Health Law Section

State Bar of California

Bar Association of San Francisco Barristers Club, Health Law Section, Past Chair

LeadingAge California

California Assisted Living Association

Judicial Clerkships

Judicial Intern to the Honorable Raymond W. Mitchell (2011-2012) (Cook County Circuit Court, Law Division, Chicago, IL)

Judicial Intern to the Honorable Henry H. Kennedy (2008) (U.S. District Court, District of Columbia, Washington, DC)

Academic Distinction

Henry M. Campbell Moot Court Quarterfinalist

Treasurer, Michigan Health Law Organization, University of Michigan Law School

Education

J.D., University of Michigan Law School (2011)

M.P.H., University of Michigan (2011)

B.A., University of Chicago (1999)

Admissions And Courts

Illinois

California

Languages

Fluent in Polish and Spanish

San Francisco

415-995-5064 Direct Phone
415-995-3583 Fax

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Practices/Industries