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Jesse A. Berg

Jesse Berg counsels health care providers on Medicare and Medicaid reimbursement, enrollment and program integrity issues, compliance with the Stark Law, Anti-Kickback Statute and other federal and state fraud and abuse laws, HIPAA and state privacy and confidentiality matters, as well as antitrust issues. Jesse provides legal guidance to a variety of providers, including hospitals, physician groups, and ancillary service providers, such as clinical labs, imaging facilities, DME suppliers, and ambulatory surgery centers. 

Prior to joining the firm, Jesse served as assistant attorney general in the Health Care and Antitrust Division of the Minnesota Attorney General's Office. During that time, he focused on regulatory matters, including enforcement of various laws that govern the operation of health care organizations in Minnesota, as well as providing legal advice to various state agencies, such as the Minnesota Department of Health.

Jesse is an FAA-licensed private pilot and a former spinning instructor. He resides in St. Paul, Minn.

Representative Experience

  • Structuring joint ventures and other collaborations among health care providers to comply with federal and state regulatory laws, including Stark Law and Anti-Kickback Statute.
  • Assisting providers and suppliers of various sizes and types in complying with Medicare and Medicaid rules and regulations, including provider-based regulations, independent diagnostic testing facility requirements, durable medical equipment supplier regulations, anti-markup rules, CLIA requirements and billing, coding and payment standards.
  • Representation in response to qui tam cases filed for alleged violations of False Claims Act.
  • Assisting providers in responding to regulatory inquiries and investigations, including matters involving alleged fraud and abuse and Stark Law violations, CLIA proficiency testing, HIPAA violations, Medicare/Medicaid enrollment matters and issues involving over-payments and self-disclosure.
  • Representation of multi-specialty physician group in securing Advisory Opinion 10-15 from U.S. Department of Health and Human Services Office of Inspector General.

Events

Presentations

  • Moderator, "Fireside Chat with Dr. Michael Osterholm, Ph.D., MPH," Lathrop GPM Health Law Seminar, September 22, 2022
  • Presenter, "No One Looks Good in Orange," Lathrop GPM Health Law Seminar, September 22, 2022
  • Co-presenter, "Provider Co-Location: The Final Word or More to Come?" American Health Law Association Annual Meeting, June 28, 2022
  • Co-presenter, "Sticker Shock No More – A Practical Update on the No Surprises Act," 2022 Health Law Institute, June 16, 2022
  • Presenter, "Clinical Lab Update: What Happened in 2021 and Where Things are Headed in 2022," Institute on Medicare and Medicaid Payment Issues 2022, March 25, 2022
  • Presenter, "Navigating Different Approaches to Provider Collaboration," Care Providers of Minnesota, 2021 Convention & Exposition – Moving Forward Together, November 17, 2021 
  • Panelist, “Emerging COVID Liability Issues: Assessing and Mitigating Risk,” 2021 Leading Age Annual Meeting, October 5, 2021
  • Co-presenter, "Price Transparency: Compliance and Risk Reduction," HCCA Regional Healthcare Compliance Conference, September 10, 2021
  • Presenter, “Burgers, Fries … and Botox? Franchising a Health Care Provider,” American Health Law Association Annual Meeting, June 26, 2021
  • Presenter, "In-Depth Look: Key Stark Law and Anti-Kickback Statute Developments," The 2021 Health Law Institute, June 15, 2021  
  • Presenter, "Clinical Lab and Pathology in the Age of COVID-19," Institute on Medicare and Medicaid Payment Issues, American Health Law Association, March 26, 2021
  • Presenter, “Navigating New and Established Approaches to Provider Collaboration," LeadingAge Minnesota, May 21, 2021
  • Presenter, "Telehealth & Covid: What’s Happening Now and What Might Be Next," St. Louis Area Health Lawyers Association, February 5, 2021
  • Co-presenter, "What Do the New Stark Law, Anti-kickback Statute and Civil Monetary Penalty Regulations Mean for Your Organization?" Lathrop GPM Webinar, December 17, 2020
  • Co-presenter, "The Shifting Legal Landscape of Telehealth," Midwest MGMA Webinar, October 22, 2020 
  • Co-presenter, "The Shifting Legal Landscape of Telehealth," Lathrop GPM Webinar, August 8, 2020 
  • Co-presenter," Emerging from COVID and Beyond … How to Structure a Successful Medical Practice," Midwest MGMA Webinar, June 16, 2020
  • Co-presenter, "Detangling the Web: How Providers can Mitigate the Economic Impact of the COVID-19 Outbreak," Lathrop GPM Webinar, April 10, 2020 
  • Presenter, "Hot Topics in Clinical Lab and Pathology," American Health Lawyers Association, Institute of Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 25-27, 2020 (event cancelled due to Covid-19)
  • Presenter, "What to Do When You MIGHT Have an Overpayment from Medicare," LeadingAge Minnesota 2020 Institute & Expo, February 7, 2020
  • Presenter, "The Ins, Outs and Legal Considerations of Referral and Marketing Arrangements," LeadingAge Minnesota 2020 Institute & Expo, February, 6 2020
  • Co-presenter, "Proposed Revisions to the Stark Law and Anti-Kickback Statute: What You Need to Know," Gray Plant Mooty Event & Webinar, November 19, 2019
  • Presenter, “What To Do When You Might Have an Overpayment,” 2019 Care Providers of Minnesota Annual Convention, November 18, 2019
  • Presenter, "Health Care Regulatory Update: Year in Review," Gray Plant Mooty 23rd Annual Health Law Seminar, July 25, 2019
  • Presenter, "Tracking the Elusive Unicorn: How to Find the Win-Win-Win in Value-Based Contracting,” 2019 Minnesota CLE Health Law Institute, June 19, 2019
  • Co-presenter, "How to Get in Trouble Without Really Trying; Practical Advice for When a Regulator Comes Knocking," Gray Plant Mooty Event & Webinar, March 19, 2019
  • Co-presenter, "Privacy and Data Security Workshop," Gray Plant Mooty Event & Webinar, February 21, 2019
  • Presenter, "Hot Topics in Fraud & Abuse—The Best (or Worst) of 2017 through 2018," Minnesota State Bar Association CLE, December 21, 2018
  • Presenter, "Survey the Risk: Understand the Latest Trends, Focus Areas, and Enforcement Tools," Healthcare Fraud & Abuse Workshop, Minnesota CLE, December 10, 2018
  • Presenter, “The Ins and Outs of LTC Referral Arrangements,” Care Providers of Minnesota Annual Convention and Exposition, November 13, 2018
  • Presenter, “Healthcare Provider Co-Location Arrangements: Keys to Compliance,” Medical Group Management Association Annual Conference, October 1, 2018
  • Presenter, “Where are we now? An Update on the Stark Law,” MMGMA Summer Conference, July 26, 2018
  • Presenter, "Value-Based Reimbursement: Where Are We Going (and Where Are We Now)?" 2018 Health Law Institute, June 14, 2018
  • Presenter, "Medicare and Medicaid Enrollment and Revalidation: Obtaining and Maintaining Enrollment and Billing Privileges," Strafford, national webinar, May 2, 2018
  • Co-presenter, "Health Law Roundtable: Top 10 Enforcement Trends for 2018," Gray Plant Mooty Event & Webinar, April 12, 2018 
  • Presenter, “Squaring the Circle: The Stark Law and Value-Based Reimbursement,” 2017 Medical Group Management Association Annual Conference, October 8, 2017
  • Presenter, “Tips and Tools for HIE in MN,” 2017 MACMHP Conference, September 12, 2017
  • Panelist, “Navigating Healthcare Cybersecurity and Privacy Law,” Mitchell Hamline School of Law, MN CLE, June 29, 2017
  • Presenter, “Land of 10,000 Barriers: Tips and Tools for Exchanging Health Information in Minnesota,” 2017 e-health Summit Presentation, June 15, 2017
  • Presenter, “It’s Just (Not) that Simple: Healthcare Provider Co-Location Arrangements,” Health Law Institute, MN CLE, June 15, 2017
  • Presenter, “The First 100 Days: Answering Client Questions about the Impact of the New Administration,” Minnesota CLE, May 3, 2017
  • Co-presenter, “The ACA, AHCA, Obamacare Lite or Something in Between: Status of Health Care Reform,” Minnesota CLE, May 2, 2017
  • Presenter, “Say ‘Hello’ To My Little Friend! … The Foundations in Privacy Toolkit: Tips and Tools for Exchanging Health Information in Minnesota,” Minnesota Medical Group Management Association - 2017 Winter Conference, March 8, 2017
  • Co-presenter, "HIPAA Webcast: Tips and Traps for Health and Home Care Franchisors," Gray Plant Mooty Webinar, April 13, 2017
  • Co-presenter, “Answering Client Questions About the Impact of the New Administration,” Minnesota CLE, November 28, 2016
  • Presenter, “Let’s All Go to the McClinic: Franchising in Health Care Delivery,” AHLA In-House Counsel Program and Annual Meeting, June 26, 2016
  • Co-presenter, "Barriers to Sharing Health Information in Minnesota - State Initiatives to Manage Them," Minnesota Medical Group Management Association 2016 Winter Conference, March 2, 2016
  • Presenter, "Stark Law in 2016: One Step Forward, Two Steps Back," Gray Plant Mooty Event & Webinar, January 12, 2016
  • Presenter, “Tick, Tock, CMS is Watching the Clock: The New 60-Day Overpayment Rule,” 2016
  • Presenter, "Challenges, Uncertainty, and Reform in the Clinical Laboratory Industry," Minnesota State Bar Association, December 11, 2015
  • Presenter, "Health Law Roundtable: Legal Issues in Telehealth Care Delivery and Development of State Legislation," Gray Plant Mooty Event & Webinar, December 4, 2015
  • Co-presenter, "Patient Health Information: Charting a Course for the Future," Gray Plant Mooty Event & Webinar, November 17, 2015
  • Presenter, "HIPAA Breach Analysis: Are We Just Calling Balls & Strikes?" Care Providers of Minnesota Convention, November 16, 2015
  • Presenter, "Recent Stark Law and Anti-kickback Statute Developments and Enforcement Trends," Minnesota CLE Health Care Fraud and Abuse Seminar, November 3, 2015
  • Presenter, “Oh What a Tangled Web We Weave: Legal Issues in e-Health Care Delivery,” Minnesota Medical Group Management Association Annual Meeting, July 31, 2015
  • Presenter, “The Future of Health Care: In a Galaxy Far, Far Away,” Gray Plant Mooty Annual Health Law Conference, July 14, 2015
  • Presenter, “Lightning Round: Data Breaches, HIPAA Audits, and Overpayments and Self-Disclosures,” Gray Plant Mooty Annual Health Law Conference, July 14, 2015
  • Co-presenter, "Privacy and Data Security Workshop," Gray Plant Mooty Event & Webinar, May 20, 2015
  • Co-presenter, "Medical Marijuana in Minnesota: Smoking Out the Highlights," Gray Plant Mooty Event & Webinar, December 2, 2014
  • Presenter, “Expansion of Telehealth: Key Legal Issues For Health Care Providers,” Minnesota Medical Association Annual Conference, September 19, 2014
  • Co-presenter, “Oh What a Tangled Web We Weave: Legal Issues in eHealth Care Delivery,” Gray Plant Mooty 18th Annual Health Law Conference, July 17, 2014
  • Presenter, “The Clock is Ticking: I Have to do What in 60 Days? An Update on the Affordable Care Act’s Medicare Overpayment Rule,” 2013 Health Law Institute, June 6, 2013
  • Presenter, "Crisis Management for the Health Care Provider: Successfully Navigating the Law and Public Relations,” GPM Health Law Breakfast Roundtable, May 8, 2013
  • Presenter, "Health Law Roundtable: Shine a Light: New 'Sunshine' Regulations to Require Disclosure of Physician Payments from Drug, Device, and Other Companies," Gray Plant Mooty Event & Webinar, March 27, 2013
  • Co-presenter, "HIPAA Final Rule is Finally Here: What the New Regulations Mean For You," Gray Plant Mooty Event & Webinar, February 27, 2013
  • Co-presenter, "Navigating Tough PR and Legal Challenges in the Health Care, Medical Device and Life Science Industries," Gray Plant Mooty Event, September 19, 2012
  • Moderator, "Healthcare Reform Symposium," Minneapolis/St. Paul Business Journal, August 28, 2012
  • Co-presenter, “O-Rom-Berts Care: Here Today, Gone Tomorrow,” GPM 16th Annual Health Law Conference, July 19, 2012
  • Presenter, “Medicare and Medicaid Program Integrity and Enrollment Issues,” 2012 Health Law Institute, June 7, 2012
  • Presenter, “Medicare and Medicaid Enrollment and Revalidation Screening Requirements,” Minnesota Continuing Legal Education, May 10, 2012
  • Presenter, “Beyond the Affordable Care Act: Key Regulatory Changes and their Implications for Providers,” Minnesota Ambulatory Surgery Center Association Annual Conference, April 27, 2012
  • Presenter, “Background on HIPAA and HITECH: Privacy and Security Regulations and the Status of HITECH Regulations,” Lorman Education Services: Medical Records Law, March 23, 2012
  • Co-presenter, "Crisis Management for the Health Care Provider: Successfully Navigating the Law and Public Relations," Gray Plant Mooty Webinar, March 8, 2012
  • Co-presenter, "The Final Accountable Care Organization Regulations: One Part Flexibility, Two Parts Complexity," Gray Plant Mooty Event, November 30, 2011
  • Presenter, “Future of Health Care Enforcement and Accountability,” Nebraska Hospital Association Annual Convention, October 20, 2011
  • Co-presenter, "Beyond the Affordable Care Act: Key Regulatory Changes and their Implications for Providers," 2011 Health Law Seminar, Minnesota CLE, June 9-10, 2011 
  • Co-presenter, “The New Accountable Care Organization Regulations: A Mystery Only Partially Revealed,” Gray Plant Mooty Health Law Roundtable Breakfast Program, May 4, 2011
  • Presenter, “Death Panels, Tanning Beds and AK-47s: What You Need to Know About Healthcare Reform,” Minnesota Radiological Society 2011 Spring Meeting, April 9, 2011
  • Co-presenter, “Between a Rock and a Hard Place: Next Steps When You Fear a Stark or Kickback Violation Has Occurred in Your Shop,” GPM Health Law Breakfast Roundtable, February 22, 2011
  • Co-presenter, “A Target on Your Back: The New Reality of the False Claims Act,” Aging Services of Minnesota 2011 Institute, February 9, 2011
  • Co-presenter, “Audacious Goals and Grand Plans: Obtaining an OIG Advisory Opinion for a $200 Million Joint Venture,” Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions, American Health Lawyers Association, Washington, DC, January 27, 2011
  • Co-presenter, "Health Law Roundtable: The Meaning of 'Meaningful Use' and Proposed Changes to HIPAA Privacy, Security, and Enforcement Rules," Gray Plant Mooty Event, October 12, 2010

Publications

  • Author, American Health Law Association, 50-State Survey, Summary of Fraud and Abuse Statutes and Regulations: South Dakota
  • Author, American Health Law Association, 50-State Survey, Summary of Fraud and Abuse Statutes and Regulations: North Dakota
  • Author, “Franchising a Health Care Provider,” Health Law Handbook, West / Thompson Reuters, 2022 (2022 publication).
  • Author, "A Legal Guide to Privacy and Data Security,” Minnesota Department of Employment and Economic Development, January 2020

Client Alerts and Blog Posts

Professional Affiliations

  • Colorado Bar Association Health Law Section, Executive Council, 2022-2023
  • American Health Law Association, Regulation, Accreditation and Payment Practice Group (RAP), Vice Chair - Publishing, 2021   
  • American Health Law Association, Member, 2001-Present
  • Minnesota Bar Association Health Law Section, Chair, 2017-Present

Honors

  • Selected among The Best Lawyers in America©, 2020-2023
    • "Lawyer of the Year," 2023
  • “Minnesota's Top Lawyers,” Minnesota Monthly, 2022
  • "North Star Lawyers," Minnesota State Bar Association, 2018
  • “Minnesota Rising Star,” Thomson Reuters, 2010, 2012, 2014
Photo of Jesse A. Berg
  • Minneapolis

    80 South Eighth Street
    500 IDS Center
    Minneapolis, MN 55402
F: 612.632.4374

Assistant

Tammy Scherling
612.632.3076

Industries

Court Memberships

  • Minnesota
  • Colorado
  • Missouri
  • Wisconsin

Education

Saint Louis University School of Law, J.D., cum laude, Certificate in Health Law

Saint Louis University School of Public Health, M.P.H.

University of Minnesota, B.A.