Michael R. Burke
Michael R. Burke is a shareholder of Sansweet, Dearden and Burke, Ltd. and has been practicing health law since 1991. Mike focuses his practice on representing physicians and physician groups, dentists, and other health care providers in various business matters. Mike represents both health care provider employers, such as physician and dental practices, and health care provider employees, such as physicians (e.g., residents and fellows who have completed their training) and dentists. Mike has significant experience in drafting and negotiating employment agreements. He also advises physicians and other health care providers regarding their relationships with hospitals and health systems, including exclusive service agreements, joint venture arrangements, and medical director contracts. Mike also has significant experience in representing physician groups. He drafts and reviews shareholders agreements, operating agreements, partnership agreements and other ownership documents for health care entities. He represents physician and dental groups who are bringing in a new owner, as well as physicians and dentists who are buying into an existing group. He also counsels physician and dental practices on day-to-day business operations, such as personnel issues and space and equipment leases. For physicians and dentists considering the purchase or sale of a practice, Mike can prepare, review and negotiate asset purchase agreements, stock purchase agreements and other documents associated with the transaction. Mike can also assist health care providers that are considering a merger or other affiliation with another health care provider or group practice. Mike assists health care providers with billing and reimbursement matters, including responses to Medicare and private insurance audits. He also assists clients with internal billing and regulatory compliance matters, such as internal audits and compliance issues. An area of increasing risk to providers is the application of the fraud and abuse laws to their everyday arrangements, including the Federal Anti-Kickback Statute, Stark restrictions, and related state laws and regulations. Mike analyzes the potential risks of specific transactions under these laws and advises clients on structuring business relationships. Mike is a long-time member of the American Health Lawyers Association who speaks locally and nationally on business issues facing health care providers, including employment agreements and regulatory issues. He has also published many articles on these topics. When he is not at work, Mike is a sports enthusiast who spends his free time with his family and playing basketball and hockey.
Select Publications
- “Evaluating Employment Agreements” – Family Practice Management
- “Understanding the Medicare Appeals Process” – Physiciansnews.com (2010)
- “Physician Employment Agreements” – Physiciansnews.com
- “What Does Contractual Boilerplate Mean to You?” – Physiciansnews.com
- “Limiting Restrictive Covenants” – Family Practice Management