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Kent B. (Bernie) Thurber

Bernie Bernie ThurberKent
Partner
Chair, Portland Health Law Practice
T503.778.5202
F503.778.5299
Bernie Thurber practices health law, defending and counseling clients on matters including government investigations and audits, provider reimbursement and overpayments, fraud and abuse allegations, Stark, anti-kickback, HIPAA, and licensure matters. Bernie has extensive experience in complex federal and state litigation, appearing before federal and state agencies and tribunals, and lobbying in the Oregon Legislature and Congress.

Practice Highlights
  • Successful defense of hospital facing Medicare decertification through litigation and negotiated settlement.
  • Negotiation of global settlement of civil and criminal allegations against durable medical equipment supplier.
  • Successful settlement of multimillion dollar false claims allegations against physical therapy provider.
  • Representation of numerous providers, including publicly traded companies, in Medicare, Medicaid and private insurance audits resulting in significant decreases in alleged overpayments.
  • Representation of various providers served with government subpoenas, search warrants or undergoing government investigation.
  • Representation of radiation oncology group in purchase of lineal accelerator from hospital and part-time lease of equipment and employees to another medical group.
  • Successful defense of medical coding and billing company in suit by physician for alleged damages over one million dollars.
  • Voluntary disclosures of Medicaid and Medicare overpayments.
  • Representation of various facilities and professionals in licensure proceedings.
  • Representation of physicians in sales of medical practices.

Representative Experience

Medicaid audits for retail pharmacies, mental health providers and physicians

Representation of providers in negotiating significant reductions, some in excess of $1 million, to alleged overpayments extrapolated from statistical samplings. (2008)

JSE Medical v. MedData

Successful defense of medical coding and billing company in suit by physician for damages over $1 million. (2005)

BHC Intermountain Hospital v. Thompson

Defended hospital facing Medicare decertification through litigation and negotiation settlement. (2002)

Professional & Community Activities

  • Oregon State Bar Health Law Section
  • American Health Lawyers Association
  • American Bar Association
  • Oregon Business Alliance Health Care Policy Committee

Professional Recognition

  • Pro Bono Award of Merit, Multnomah Bar Association Legal Aid Services of Oregon and The Oregon Law Center, 2007