Clinton Mikel Esq.

Clinton Mikel, Esq.

PARTNER

CLINTON MIKEL has been a Partner at The Health Law Partners since 2012. He graduated from the University of Michigan Law School and Cornell University.

Mr. Mikel works with nearly every type of provider/supplier in the health industry, along with innovative entrepreneurs, tech companies, and big-thinkers in the healthcare field. Mr. Mikel understands healthcare - whether it is industrywide or client-specific, he understands the pains, pressures, and workflows unique to the health industry. His breadth of knowledge and strategic thinking have made him a nationally sought after thought leader. Doing business in healthcare is hard and risky. Mr. Mikel helps to make it easy(ier).

Mr. Mikel helps clients with regulatory, compliance, transactional, and litigation matters (qui tam/whistleblower/false claims act defense). He has a particular focus on fraud and abuse issues (Stark/Anti-Kickback), telehealth and telemedicine matters, HIPAA and other privacy/security laws (including strategic investigations and disclosures), defending against government investigations and enforcement actions, defending against false claim allegations, and information technology issues.

Mr. Mikel has won the Burton Award for Distinguished Legal Writing (the "Pulitzer Prize" of legal writing), been quoted in the New York Times, appeared on Politico and C-SPAN, is a prolific author, and regularly speaks across the country on healthcare matters. He served as a 3-term chair of the ABA's eHealth, Privacy, and Security Interest Group, and as chair of the Stark and Anti-Kickback Law Toolkit for the ABA, and is still active in high-level ABA Health Law Section leadership positions. Mr. Mikel is also on the Board of Directors of the Health Law Roundtable, an annual national-CLE (& Ski) conference, and is an instructor at the University of Florida (Pharmaceutical Fraud and Abuse course).

Education

J.D., University of Michigan Law School
B.A., Cornell University

Jurisdictions Admitted to Practice

California
Georgia
Michigan
New York
Texas
Washington, D.C.

Professional Associations

American Bar Association (Health Law Section)
- 3 time Chair (past), eHealth, Privacy & Security Interest Group
- Chair, Stark and Anti-Kickback Statute Toolkit Committee
- Vice Chair (past), Interest Group Leadership Team
- Vice Chair, Sponsorship
- Vice Chair (past), Publication Committee
American Health Lawyers Association
American Telemedicine Association
HIMSS
California Society for Healthcare Attorneys
State Bar of Michigan (Health Care Law Section, Business Law Section)
State Bar of California (Business Law Section)
State Bar of Georgia
State Bar of New York (Health Care Law Section)
State Bar of Texas
State Bar of Washington, D.C.

Honors & Awards

Clinton Mikel, Esq. received the 2016 Burton Award for Distinguished Legal Writing, which honors the finest law firm writers of the year. The Burton Award is the "Pulitzer Prize" of legal writing.
Clinton Mikel, Esq. was elected as a Fellow of the American Bar Foundation - less than 1% of attorneys may ever become Fellows. The Fellows is a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities.
Clinton Mikel, Esq. was selected as a Michigan Rising Star by Super Lawyers from 2014-2017 and as a Super Lawyer in 2023.
Clinton Mikel, Esq. was selected as an Up and Coming Lawyer by Michigan Lawyers Weekly, 2014.

Published Works

Clinton Mikel, Esq. was quoted in, "Hospitals Sell Your Medical Data to Advertisers. A New Lawsuit Wants to Hold One Accountable," by Thomas Germain, Gizmodo, February 8, 2023.

Clinton Mikel, Esq. was quoted in, "An FTC Power Grab Could Save Your Medical Secrets," by Thomas Germain, February 3, 2023.

Clinton Mikel, Esq. was quoted in, "FTC Fines GoodRx $1.5M for Sending Your Medication Data to Facebook and Google for Ads," by Thomas Germain, Gizmodo, February 1, 2023.

"HIPAA RFI Opens Door to HIPAA 'Class Actions' and Security Rule Changes (and Other Fun Stuff!)" by Clinton Mikel, Esq. and Arturo Trafny, Esq., ABA Health eSource, May 2022.

Adrienne Dresevic, Esq., and Clinton Mikel, Esq. were quoted in an article entitled "Regulatory, Cybersecurity Updates affect Radiology Practices," Auntminnie.com, August 3, 2021.

Clinton Mikel, Esq. was quoted in "New Regulations: Stark, anti-kickback rules reduce compliance load, but read the fine print" by Julia Kyles, CPC, Medical Practice Compliance Alert, December 2020.

"Proposed HIPAA Regulatory Changes 2020 REDLINE" by Adrienne Dresevic, Esq., and Clinton Mikel, Esq., ABA Health Law Section, December 21, 2020

"Stark 2020 Final Rule Regulatory Revisions REDLINE" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., ABA Health Law Section, November 24, 2020.

"AKS & CMP 2020 Final Rule Regulatory Revisions REDLINE" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., ABA Health Law Section, November 23, 2020.

Clinton Mikel, Esq. wrote a chapter in "Opioid Prescribing - An AHLA 50 State Survey with Summaries and Links" titled "California", January 2020.

Clinton Mikel, Esq. contributed to ABA Health Law Section's "Comments regarding file code OIG-0936-AA10P, RIN 0936-AA10-P, Proposed Rule, Medicare and State Healthcare Programs: Fraud and Abuse; Revisions to Safe Harbors Under the Anti-Kickback Statute, and Civil Monetary Penalty Rules Regarding Beneficiary Inducements", December 30, 2019.

Clinton Mikel, Esq. contributed to AHLA's resource on the opioid crisis, "State Response to Opioid Crisis and Opioid Prescribing Requirements: a 50 State Survey", November 6, 2019.

"Proposed Rule, AKS & CMP CY 2019 - Medicare and State Healthcare Programs: Fraud and Abuse; Revisions to Safe Harbors Under the Anti-Kickback Statute, and Civil Monetary Penalty Rules Regarding Beneficiary Inducements REDLINE" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., ABA Health Law Section, October 22, 2019.

"Proposed Rule - Stark, CY 2019: Modernizing and Clarifying the Physician Self-Referral Regulations (Stark) REDLINE" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., ABA Health Law Section, October 11, 2019.

"Cybersecurity Risks: What Radiology Providers Should Know to Protect Against Data Breaches" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., AHRA Link, April 29, 2019.

"The National Practitioner Data Bank Guidebook Provides Clarity on Reportable Events" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., AHRA Link, January 14, 2019.

Clinton Mikel, Esq. wrote a chapter in "Physician Law: Evolving Trends & Hot Topics 2018" titled "Final HIPAA Omnibus Rule: What's Changed, and a Guide to Complying for Providers (Or, "Better Late Than Never")".

"A Clarification on Medical Necessity Determinations" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., AHRA Link, December 22, 2017.

Adrienne Dresevic, Esq. and Clinton Mikel, Esq. were quoted in "The Long Road to Compliance" by Julie Ritzer Ross, RadiologyBusiness.com, November 20, 2017.

"The Final 2018 MPFS: What Radiology Providers Need to Know" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., AHRA Link, November 8, 2017.

"Significant Changes to Anti-Kickback Statute Safe Harbors/Exceptions to the Civil Monetary Penalty Law" by Robert J. Dindoffer, Esq., Adrienne Dresevic, Esq., and Clinton Mikel, Esq., The Health Lawyer, Vol. 29, No. 6, August 2017.

"What to do When Approached in a Government Investigation" by Adrienne Dresevic, Esq., and Clinton Mikel, Esq., AHRA Link, July 24, 2017.

"Need a lift?: CMS Approves Free Patient Transportation for Imaging Providers" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., RadiologyBusiness.com, June 16, 2017.

Clinton Mikel, Esq. wrote a chapter in "Physician Law: Evolving Trends & Hot Topics 2017" titled "Final HIPAA Omnibus Rule: What's Changed, and a Guide to Complying for Providers".

"Important New Compliance Resources" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., AHRA Link, April 21, 2017.

Adrienne Dresevic, Esq., and Clinton Mikel, Esq. were quoted in "When it Comes to Stark Law, Good Intentions Don't Matter", RBMA, January 19, 2017.

"Imaging Provisions in 2017 OIG Work Plan" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., AHRA Link, November 21, 2016.

Clinton Mikel, Esq. was quoted in "Protect Yourself from Medical Identity Theft", Consumer Reports Magazine, October 2016.

"The Big Impact of a Little Known Patient Privacy Right" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., AHRA Link, October 18, 2016.

Clinton Mikel, Esq. was quoted in "Cyber Ransom Attacks Panic Hospitals, Alarm Congress" by Arthur Allen, POLITICO.com, July 18, 2016.

Adrienne Dresevic, Esq., Carey F. Kalmowitz, Esq., and Clinton Mikel, Esq. were quoted in The Ambulatory M & A Advisor article, "Regulations for Healthcare in 2016 and Beyond" by Richard Romero, June 1, 2016.

"Stark's New NPP Recruitment Exception - Dissection and Practice Tips" by Adrienne Dresevic, Esq. and Clinton Mikel Esq. AHLA Health Lawyer Vol. 18 Issue 2, May 2016.

Clinton Mikel, Esq. wrote a chapter in "Physician Law: Evolving Trends & Hot Topics, 2016" titled "Final HIPAA Omnibus Rule: What's Changed, and a Guide to Complying for Providers (Or, 'Better Late than Never') for the 2016 Edition.

Clinton Mikel, Esq. and Abby Pendleton, Esq. were quoted in "3 Common HIPAA Breaches - And How to Avoid Them" by Kristin J. Webb, The Coding Institute, May 2016.

Clinton Mikel, Esq. was mentioned in "Is Telehealth Ready for Its Day in Court" by Eric Wicklund, May 18, 2016.

"Reporting and Returning Medicare Overpayment: Long Awaited Final Rule Provides Clarification" by Jessica L. Gustafson, Esq. and Clinton Mikel, Esq. ABA Health eSource, Vol. 12 No. 7, March 2016.

"Final CY 2016 Stark Law Changes-Welcomed Revisions to Stark" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., The Health Lawyer, Vol. 28, No. 2, December 2015.

"Final PFS CY 2016 Physician Self-Referral (Stark) Changes Redline" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., the American Bar Association Health Law Section, November 16, 2015.

"Proposed Stark Law Changes - Welcomed Relaxation of Current Regulations" by Aaron Beresh, Esq., Adrienne Dresevic, Esq., and Clinton Mikel, Esq., ABA Health eSource, Vol. 12 No. 2, October 2015.

Aaron Beresh, Esq., Adrienne Dresevic Esq., and Clinton Mikel, Esq. were quoted in "Proposed Stark Law Changes-Welcomed Relaxation of Current Regulations", ABA Health eSource, October 29, 2015.

Clinton Mikel, Esq. was quoted in "Lab Company to Pay $256 Million Over Allegedly Tainted Claims", Business Insurance, October 21, 2015.

Clinton Mikel, Esq. was quoted in "Millennium Health to Pay $256 Million Over Allegedly Tainted Lab Claims", Modern Healthcare, October 19, 2015.

Clinton Mikel, Esq. was quoted in "Memorial Hermann Revisits Policies After Cops Called on Immigrant Patient Using Fake ID", Modern Healthcare, September 16, 2015.

Clinton Mikel, Esq. was quoted in "Patient Privacy Law is Often a Handy Excuse", The New York Times, by Paula Span, September 8, 2015.

Clinton Mikel, Esq. was quoted in "Is HIPAA Privacy Being Misused?", CantonRep.com, August 20, 2015.

Clinton Mikel, Esq. was quoted in "Providers Booted From State Medicaid Programs Still Drawing Funds From Other States", Modern Healthcare, August 5, 2015.

Clinton Mikel, Esq. was quoted in "Is HIPAA Hindering Data Sharing?", Government Health IT, July 22, 2015.

"HIPAA's Use of Code of Silence Often Misinterprets the Law" by Julie Span, interview by Clinton Mikel, Esq., The New York Times, July 17, 2015.

"Controversial Coupon Language" by Clinton Mikel, Esq., Couponsinthenews.com, July 2, 2015.

"The OIG's Practical Guidance for Health Care Governing Boards on Compliance Oversight" by Clinton Mikel, Esq. and Leslie Rojas, Esq., ABA Health eSource, Vol.11 No. 10, June 9, 2015.

"Sensodyne & Tums Maker Slammed Over New Coupon Language" by Clinton Mikel, Esq., Couponsinthenews.com, May 19, 2015.

Archive

2014 | 2013 | 2012 | 2010 | 2009

Speaking Engagements

"AI in Healthcare: Parting the Mist to Get to Reality," by Clinton Mikel, Esq. and Matt Fisher, Esq., ABA Washington Health Law Summit, December 12, 2023.

"AI in Healthcare (with Telehealth Case Study)," by Clinton Mikel, Esq., Taos Health Law Roundtable Conference, January 19, 2023.

"High Dollar Compliance Issues for Imaging Professionals," by Adrienne Dresevic, Esq., and Clinton Mikel, Esq., Medical Technology Management Institute (MTMI) Education Executive Leadership Series, webinar, March 22, 2022.

"Staying Compliant in Radiology - Major Legal Developments," by Adrienne Dresevic, Esq., and Clinton Mikel, Esq., 2021 RBMA PaRADigm Conference, Las Vegas, NV, October 18, 2021.

"Recent Legal Developments All Radiology Providers Should Know", by Adrienne Dresevic, Esq., and Clinton Mikel, Esq., 2021 AHRA 49th Annual Meeting and Exposition, Nashville, TN, August 3, 2021.

"Recent Legal Developments all Radiology Providers Need to Know" by Adrienne Dresevic, Esq., and Clinton Mikel, Esq., 2021 AHRA Virtual Spring Conference, April 8, 2021.

"New Updates to Stark Regulations Explained" by Adrienne Dresevic, Esq., and Clinton Mikel, Esq., Xoran Technologies Webinar Series, December 17, 2020.

"New Final AKS Regulations - Head Start on What You Need to Know" by Clinton Mikel, Esq., American Bar Association Washington Health Law Summit 2020 Virtual Conference, December 8, 2020.

"Staying Out of Trouble: Growing your Business in a Compliant Manner" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2020 RBMA Spark Virtual Conference, September 23, 2020.

"Staying Out of Trouble: Growing your Business in a Compliant Manner, Live Q&A Roundtable" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2020 RBMA Spark Virtual Conference, September 23, 2020.

"Recent Legal Developments all Radiology Providers Need to Know" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2020 AHRA Virtual Annual Meeting, August 13, 2020.

"A.I. and Digital Health: Legal, Regulatory and Ethical Concerns" by Clinton Mikel, Esq., Taos Health Law Roundtable, January 24, 2020.

"Case Studies in Healthcare Fraud Defense: Effective Use of Data Analytics, Expert Testimony, and Independent Compliance Program Evaluation" by Lindsay Knutson and Katie Norris of Berkeley Research Group, and moderated by Clinton Mikel, Esq., Taos Health Law Roundtable, January 23, 2020.

"Head Start: What You Need To Know Now About the Newly Proposed Stark Regulations" featuring Kimberly Brandt, Clay Countryman, Matthew Edgar, Clinton Mikel, Esq., and Lisa Ohrin Wilson, American Bar Association Health Law Section webinar, October 30, 2019.

"Stark One-on-One" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2019 RBMA Spark Conference, Miami, FL, June 5, 2019.

"Staying Out of Trouble - Growing Your Business in a Compliant Manner" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2019 RBMA Spark Conference, Miami, FL, June 4, 2019.

"Doing Business in a Radioactive Industry (a/k/a Legal Challenges for Overregulated Imaging Providers)" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2019 RBMA PaRADigm Conference, Colorado Springs, CO, April 15, 2019.

"Anti-Kickback Safe Harbor Provisions" by Clinton Mikel, Esq., Strafford Webinars, March 19, 2019.

"Recent Privacy Developments" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., Health Section at the 36th Annual National CLE Conference, Snowmass, CO, January 2, 2019.

"Healthcare Marketing in the Crosshairs" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2018 RBMA SPARK Conference, Nashville, TN, June 5, 2018.

"Staying Compliant in a Heavily Regulated Industry" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., Singh Development, Royal Oak, MI, April 18, 2018.

"Stark Law, Fraud and Abuse" and "Stark One-on-One" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2018 PaRADigm Conference, San Diego, CA, April 7, 2018.

"The Perils of Ransomware...Makes You Wanna Cry" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., Employee Benefits Section at the 35th Annual National CLE Conference, Vail, CO, January 6, 2018.

"What's Happening in Privacy and Security? The Daunting Data Dilemma" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., Healthcare Section at the 35th Annual National CLE Conference, Vail, CO, January 6, 2018.

"OIG Changes to Anti-Kickback Safe Harbor Provisions and the CMP Beneficiary Inducement Prohibition" by Clinton Mikel, Esq., Strafford Webinars, November 1, 2017.

Adrienne Dresevic, Esq. and Clinton Mikel, Esq. were interviewed at the 2017 PaRADigm Conference, Chicago, IL, April 24-25, 2017.

"Healthcare Marketing Landscape - Stark Law, CMP Revisions, and The Assault on Marketing Programs" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2017 PaRADigm Conference, Chicago, IL, April 24-25, 2017.

"Stark Law and Sunshine Act" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2017 RBMA Building Better Radiology Marketing Programs Conference, Fort Worth, TX, March 6, 2017.

"Complying with 2016 Stark Law Amendments and Possible Changes in the Horizon for 2017" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., Strafford Webinars, February 7, 2017.

"Anti-Kickback Enforcement: The Assault on Marketing Programs and Other Developments" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 34th Annual National CLE Conference, Snowmass, CO, January 4, 2017.

"Concierge Practice: The Risks and Pitfalls of Converting" by Clinton Mikel, Esq., 42nd Annual American Society of Medical Association Counsel (ASMAC) Fall Conference, Kohler, WI, October 26, 2016.

CSPAN replayed POLITICO's "Outside, In: Unhealthy Hacking: Medical Privacy in the Age of Cyber Attacks", which featured Clinton Mikel, Esq., May 14, 2016.

Clinton Mikel, Esq. participated in the "Outside, In: Unhealthy Hacking: Medical Privacy in the Age of Cyber Attacks", hosted by POLITICO in Washington, D.C., May 10, 2016.

Adrienne Dresevic, Esq. and Clinton Mikel, Esq. participated in the question and answer portion in the encore presentation of "Complying with New 2016 Stark Law Amendments", Stafford Webinars, April 21, 2016.

"Evolving Fraud & Abuse Enforcement: Major Defensive Stark Clarifications and the Evolution of Personal Accountability" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., Spring 2016 Corporate Compliance Officer Meeting, Las Vegas, NV, April 20, 2016.

"Stark Law and Sunshine Act" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2016 RBMA Building Better Radiology Marketing Programs Conference, Las Vegas, NV, March 7, 2016.

"Complying with New 2016 Stark Law Amendments" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., Strafford Webinars, February 11, 2016.

“That’s Remuneration? New Issues under the Anti-Kickback and Stark Laws” by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 33rd Annual National CLE Conference, Vail, CO, January 6, 2016.

"Major 2016 Stark Law Changes" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., Appeal Academy's Finally Friday! Webinar, December 4, 2015.

"Evolving HIPAA and Privacy Issues for Medical Device Industry" by Clinton Mikel, Esq., MDMA Medical Device Conference, October 16, 2015.

"Hot Topics for Physician Compliance" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., Gastroenterology Associates of Central Jersey, PA, September 15, 2015.

"Cutting Edge Legal Developments & Hot Topics Impacting Radiologists" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., 2015 AHRA Annual Meeting, Las Vegas, NV, July 19, 2015.

"OCR'S Anatomy: HIPAA Breaches, Investigations, and Enforcement" by Clinton Mikel, Esq., ABA Physicians Legal Issues Conference, June 2015.

"Steering Your Firm Through the Fog of the 'Cloud': How to Navigate Before You Are Navigated" by Clinton Mikel, Esq., June 15, 2015.

"Does HIPAA Apply to You?: Practical Guidance for mHealth and Telemedicine Companies" by Clinton Mikel, Esq., HIMSS 2015, April 2015.

"Shedding Light on Market Practices & Physician-Industry Financial Relationships: Federal Stark Law Implications & The Sunshine Act" by Adrienne Dresevic, Esq. and Clinton Mikel, Esq., RBMA Conference, March 15-17, 2015.

Archive

2014 | 2013 | 2012 | 2011 | 2010

Past Employment Positions