David L. Fenstermacher
Partner | Atlanta Officedfenstermacher@phrd.com
T: (404) 420-4313
F: (678) 533-7751
F: (678) 533-7751
dfenstermacher@phrd.com
Practice Group
Services
- Health Care Finance
- Regulatory Litigation and Advice (Federal and State)
- Medical Staff Privileges Disputes
- EMTALA
- Certificate of Need and Licensure
- JCAHO Accreditation
- Sunshine Laws Advice
- Commercial and Contract Disputes
- Regulatory and Internal Corporate Investigations
- Fraud and Abuse and Stark Advice
- Medicare and Medicaid Reimbursement Audits and Appeals
- Strategic Planning and Organization of Integrated Health Systems
- Hospital/Physician Contracts and Affiliations
- Compliance Plans and Investigations
Education
- University of Georgia School of Law - (J.D., cum laude, 1995)
- Washington and Lee University - (B.S., Biology, 1991)
Admitted to Practice
- Georgia
About David
David focuses in the area of health care litigation and regulatory matters. David’s practice focuses on certificate of need regulations in Georgia and Florida, hospital medical staff and peer review matters, hospital and health care provider licensure and regulatory matters, commercial litigation, general contract and restrictive covenant matters, and other state and federal regulatory matters, such as Medicare/Medicaid fraud and abuse, the Stark law, and HIPAA. David’s practice also includes representing hospitals and other health care providers in civil and criminal health care fraud investigations and internal investigations. In the health care field, David represents hospitals, health care systems, psychiatric services providers, long-term acute care service providers and other specialty service providers, physician practices, and individual physicians. David’s experience includes administrative litigation, litigation in state courts, arbitration, work with state and federal administrative agencies, and general representation of clients.
Mr. Fenstermacher also has commercial litigation experience in state and federal court for clients in other industries.
Mr. Fenstermacher also has commercial litigation experience in state and federal court for clients in other industries.
Honors
- Recipient of the Thomas B. Murphy Merit Scholarship
- Selected as a Georgia Super Lawyers Rising Star by Law & Politics Media and Atlanta Magazine (2007, 2009)
Representative Engagements
- Delray Medical Center, Inc. v. State of Florida Agency for Health Care Administration, Florida 4th DCA Case No. 4D07-3489 (decided January 28, 2009)
- Carter v. Hospital Authority of Liberty County, Georgia Court of Appeals Case No. A07A1183 (decided August 17, 2007)
- Taylor v. Kennestone Hospital, Inc., 266 Ga. App. 14, 596 S.E.2d 179 (2004)
- Physician Specialists in Anesthesia, P.C. v. MacNeill, et al., 256 Ga.App. 398, 539 S.E.2d 216 (2000)
- Physician Specialists In Anesthesia, P.C. v. Wildmon et al., 238 Ga. App. 730, 521 S.E.2d 358 (1999)
Publications and Presentations
- Federal Healthcare Regulations: (1) Medicare Conditions of Participation; and, (2) EMTALA Basics, presented on behalf of the Fundamentals of Health Care Law, Georgia ICLE Program, May 15, 2003 (co-authored with Leo E. Reichert)
- The Stark Law: Practical Advice to Hospitals and Health Care Systems, presented on behalf of the 2002 Annual Meeting of the Georgia Academy of Healthcare Attorneys, May 3, 2002 (Co-Authored with Paul L. Hudson, Jr., 2002)