Ross C. D'Emanuele
PEOPLE

Ross C. D'Emanuele

Partner
d.emanuele.ross@dorsey.com
Minneapolis P +1 (612) 343-2161 F +1 (612) 340-2868 Palo Alto P +1 (650) 565-2265 F +1 (650) 857-1288

Overview

ROSS IS COMMITTED TO TRANSLATING A COMPLEX HEALTHCARE REGULATORY ENVIRONMENT INTO PRACTICAL AND CONCRETE ADVICE FOR HIS CLIENTS.
Ross works in the healthcare provider, payor, and drug and medical device segments of the healthcare industry. His areas of expertise include healthcare fraud and abuse, Stark and anti-kickback laws, pharmaceutical and medical device licensing, co-development, and supply arrangements, HIPAA and other privacy and security laws, reimbursement rules and appeals, clinical trial agreements and regulation, FDA regulation, open payments and state "Sunshine Act" laws, accountable care organizations, value-based reimbursement, and telemedicine.

Education & Admissions

University of Virginia School of Law (J.D., 1996), Journal of Law and Politics

Syracuse University (B.A., Political Science, 1989), magna cum laude; Phi Beta Kappa

Admissions

  • Minnesota
  • Only admitted in Minnesota
  • U.S. Supreme Court
  • U.S. District Court for the District of Minnesota

Experience

Representative Experience

  • Drafted and negotiated pharmaceutical and medical device co-development, co-marketing, and supply arrangements in the U.S. and internationally.
  • Successfully appealed various Medicare post-payment contractor (e.g., RAC, ZPIC) overpayment determinations.
  • Created a corporate and contracting structure for ExceleraRx Corp., a national network of health system-based specialty pharmacies.
  • Represented hospital system in defending Department of Justice allegations of billing fraud, resulting in no claims or action taken.
  • Represents providers in billing, anti-kickback, and Stark investigations and self-disclosure submissions.
  • Developed and updated corporate compliance programs for numerous health care providers and medical device manufacturers.
  • Represent wide variety of Covered Entities and Business Associates in OCR investigations arising from data breaches.
  • Represented multi-specialty physician group in development and operation of a joint-venture hospital.
  • Represented national chain pharmacy in renegotiation of drug wholesaler contract.
  • Represent wide variety of Covered Entities and Business Associates in developing privacy and security compliance programs.

News & Resources

Articles

Minnesota Supreme Court Holds That The Minnesota Health Records Act Allows Release of Health Records For Permitted Purposes Under HIPAA
Broad New Washington Privacy Law Requires Immediate Compliance Action
Broad New Washington Privacy Law Requires Immediate Compliance Action
FTC Takes First Enforcement Action for Violation of the Health Breach Notification Rule – A Federal Health Privacy Rule Beyond HIPAA
Tracking Online User Activity: HIPAA and Other Legal Risks
FTC Takes First Enforcement Action for Violation of the Health Breach Notification Rule – A Federal Health Privacy Rule Beyond HIPAA
FTC Takes First Enforcement Action for Violation of the Health Breach Notification Rule – A Federal Health Privacy Rule Beyond HIPAA
Recent DOJ Settlements Involving DME Manufacturers Highlight Important Anti-Kickback Considerations
HHS Gives Guidance to Providers on the No Surprises Act in Interim Final Rule
White Paper: Understanding the Final Rules to Revise the Anti-Kickback Statute and Beneficiary Inducement Civil Monetary Penalty Regulations
White Paper: Understanding the Final Rules to Revise the Stark Law Regulations
White Papers: Understanding the Final Rules to Revise the Stark Law, Anti-Kickback Statute and Beneficiary Inducement Civil Monetary Penalty Regulations
OIG Skeptical of Medical Device and Pharmaceutical Speaker Programs
CMS Issues Interim Final Rule to Enforce COVID-19 Reporting Requirements
False Claims Act Exposure for Beneficiaries of the Public Health and Social Services Emergency Relief Fund: Mitigating Risks of Ambiguous Terms & Conditions
CMS Expands Emergency Declaration Blanket Waivers for Health Care Providers
Privacy of Substance Use Disorder Records and The CARES Act: Steps Toward Harmonizing Part 2 Privacy Laws with HIPAA
HHS Releases Notices of $30 Billion to Healthcare Providers and Suppliers
Medicare Payment Rules Changed to Allow Broad Use of Remote Communications Technology
New CMS COVID-19 Blanket Waivers for Health Care Providers
Financial Relief for Medicare Participating Providers & Suppliers – A COVID-Prompted CMS Announcement
CARES Act Summary of Provisions that Support America’s Health Care System
Clinical Trials During the COVID-19 Pandemic
Medicare Telehealth Payment Expanded to Help Address the COVID-19 Public Health Emergency
First EKRA Enforcement Announced

News & Press Mentions

200 Dorsey Lawyers Selected for Inclusion in 2024 Best Lawyers in America, Lawyers of the Year, and Ones to Watch
Meet our Board Co-Chair, Ross D'Emanuele!
Dorsey Partner Ross D'Emanuele Discusses Healthcare Price Transparency
Dorsey Partner Ross D'Emanuele Discusses Healthcare Price Transparency Rules
54 Dorsey Lawyers in Minneapolis Selected for Inclusion in The Best Lawyers in America 2019 and 2019 Lawyers of the Year
51 Dorsey Lawyers in Minneapolis Selected for Inclusion in The Best Lawyers in America 2018 and 2018 Lawyers of the Year
Dorsey Partner Ross D'Emanuele Discusses Healthcare Cybersecurity
48 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in The Best Lawyers in America 2017 and 2017 Lawyers of the Year
Dorsey Represents Underwriters in Tactile Medical IPO
Dorsey Partner Ross D'Emanuele Discusses How Healthcare Changes Impact Privacy
Dorsey Partner Ross D'Emanuele Discusses Health Care Data Security
Dorsey Partner Ross D’Emanuele Remarks on High Court's Medicaid Rates Decision
Dorsey Represents Tekmira Pharmaceuticals on OnCore Biopharma Merger Agreement
Dorsey Partner Ross D'Emanuele Comments on How Health Care Rulings will Affect Insurance Programs
Dorsey Consulted for Perspective on EHRs
How the New CMS Stark Rules Affect You

Select Presentations

  • Sweeping Changes to the Stark and Anti-Kickback Regulations: Final Rules for Hospitals, January 5, 2021

Industries & Practices

  • Cybersecurity, Privacy & Social Media
  • Healthcare & Life Sciences
  • Healthcare Transactions & Regulations
  • Mergers & Acquisitions
  • Technology

Professional & Civic

Professional Achievements

  • Board Co-Chair, Twin Cities Diversity in Practice, 2021-2023
  • Certified Information Privacy Professional (CIPP-US)
  • Member, American Health Law Association (AHLA)
  • Member, Board of Directors, Courage Kenny Foundation, 2015-2018

Accolades

  • Listed in The Best Lawyers in America©, 2017-2024

    Diversity Inclusion Recognition 2023 Diversity & Inclusion 50+ Hours 2022 Diversity & Inclusion 50+ Hours 2021 Diversity & Inclusion 50+ Hours 2020 

  • Contributed more than 50 Diversity hours, 2020-2023
  • Dorsey & Whitney – Scales of Justice Team Award (The World Ventilator Foundation), 2021
  • Listed as a "Rising Star" by Minnesota Super Lawyers, 2002, 2004, 2006
  • Named a Best Lawyers® Lawyer of the Year, Healthcare Law, 2020
Ross C. D'Emanuele