Harvey L. Rochman
Harvey Rochman represents hospitals, health care providers, health insurers, financial institutions, pension funds, REITs and real estate developers in a wide range of complex regulatory matters, civil litigation and other disputes. Harvey is a member of the firm’s employee benefits group and has experience in ERISA and regulatory issues related to hospital revenue cycle legal compliance. He leads the firm’s Los Angeles office.
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Harvey L. Rochman
Harvey Rochman represents hospitals, health care providers, health insurers, financial institutions, pension funds, REITs and real estate developers in a wide range of complex regulatory matters, civil litigation and other disputes. Harvey is a member of the firm’s employee benefits group and has experience in ERISA and regulatory issues related to hospital revenue cycle legal compliance. He leads the firm’s Los Angeles office.
Experience
- Capito v San Jose Health Care System, _ Cal. 5th _, 2024 WL 5196670 (represented amici curiae CommonSpirit Health, Providence St. Joseph Health, and Sharp HealthCare in unanimous Supreme Court decision holding that California hospitals that comply with federal and state price disclosure regulations have no duty to further disclose emergency room management and evaluation services fees to patients in the emergency room, and affirming dismissal of claims under the Unfair Competition Law and Consumer Legal Remedies Act).
- Southern Cal. Clergy Cases, Los Angeles Superior Court No. JCCP5101 (dismissing client Dignity Health hospital with prejudice from suit alleging 1970s-1980s sexual abuse of plaintiff by a former priest at his local church, where priest had developed relationship of trust with plaintiff’s family and allegedly abused plaintiff at his home, and where his later position as hospital chaplain was unrelated to abuse).
- Sarun v. Dignity Health, 2022 WL 2815569 (Cal. App. 2022) (affirming grant of summary adjudication dismissing class action against hospital system client by uninsured emergency room patients complaining that conditions of admission agreements contained an unenforceable “open” price term).
- Krause v. Meyer, 549 F.Supp.3d 1027 (N.D. Cal. 2021) (dismissing complaint without leave to amend because employee bonus plan was not governed by ERISA)
- Gray v. Dignity Health, 70 Cal.App.5 225 (2021) (plaintiff failed to state a claim for unlawful business practices or violation of the CLRA based upon alleged non-disclosure of emergency room level charges).
- Dignity Health v. Starla Rollins, 137 S.Ct. 1652 (2017) (unanimous Supreme Court decision upholding church plan exemption from ERISA for faith-based hospitals’ pension plan)
- Golkar v. Central Pacific Bank, 2012 WL 1095882 (4 Dist. 2012) (affirming summary judgment on breach of personal guaranty of construction loan for housing development).
- SEC v. Capital Consultants, LLC, 397 F.3d 733 (9 Cir. 2005) (affirming distribution plan and distribution to Oregon Laborers-Employers Trust Fund).
- Swanson v. St. John’s Regional Medical Center, 97 Cal. App. 4th 245 (2d Dist. 2002) (upholding hospitals’ third-party lien rights, and affirming dismissal of Unfair Competition Law claim against California’s largest acute-care hospital system).
- Olszewski v. Scripps Health, 30 Cal. 4th 798 (2003) (affirming dismissal of Business & Professions Code Section 17200 claims against hospitals for enforcing liens in personal injury actions by Medi-Cal-insured former hospital patients).
- Grauberger v. Saint Francis Hospital, et al., 169 F. Supp. 2d 1172 (N.D. Cal. 2002) (obtained dismissal of RICO claims against hospital system for alleged improper lien and pricing practices).
- G&G Fire Sprinklers, Inc. v. Bradshaw, 1997 WL 1106525 (9 Cir. 1998) (provisions of the Labor Code allowing the state to seize money and impose penalties for a subtractor’s violation of prevailing wage law violate the Due Process Clause of the Fourteenth Amendment)
Accomplishments
Speaker, “Fraud & Compliance Forum - Legal Ethics: AI is Here!” American Health Law Association, October 2024.
Speaker, “Artificial Intelligence is Here!”, California Speech Language Hearing Association, May 2024.
Speaker, “A Guide to Mental Health Parity: The Latest Litigation, Regulatory and Legislative Actions” Manatt Health Webinar, October 27, 2022.
Speaker, “The No Surprises Act, Four Months In: What You Should Know About the Interpretation and Enforcement of State and Federal Surprise Billing Laws in California,” Annual Meeting and Spring Seminar, California Society for Healthcare Attorneys, April 1, 2022, Napa Valley, CA.
Panelist, “Whose job is it anyway? Balancing Federal and State Surprise Billing Law Oversight and Enforcement,” Texas Covered Health Care Conference, Texas Association of Health Plans, November 10, 2021.
Speaker, “Surprise Billing: Federal versus the States – A Myriad of Oversight & Enforcement,” AHIP 2021 Annual State Issues Retreat, September 14, 2021.
Speaker, American Lawyer Media’s West Coast General Counsel Conference, Cash Balance Plans Under Fire with Donald W. Meaders and Adrien LaBombarde of Milliman USA (Fall 2003).
Recipient, 2018 California Lawyer Attorney of the Year (CLAY) Award presented by the Daily Journal for extraordinary achievement in the area of Health Care
Admitted to practice before all courts in California
Member, California Society of Healthcare Attorneys
Quoted, “‘Chaotic’ Health Care Rulemaking Looms After Supreme Court Hamstrings Federal Agencies,” Health Plan Weekly, July 5, 2024.
Co-author, “AI and Antitrust Considerations in U.S. Health Care,” Competition Policy International, May 31, 2024.
Quoted, “Insurers Urged to ‘Look Carefully’ at AI Tools in Wake of New Rule,” Health Plan Weekly, May 3, 2024.
Quoted, “Mental Health Coverage Test Slammed as Undermining Cost Controls,” Bloomberg Law, May 6, 2024.
Quoted, “No Surprises Act results in more disputes than expected,” InsuranceNewsNet, March 14, 2024.
Quoted, “New Surprise Billing Rule Seeks to Smooth Arbitration Process,” Health Plan Weekly, November 3, 2023.
Quoted, Surprise Billing Ban Could Be Fueling ER Staffing Firms’ Financial Woes, Health Plan Weekly, September 22, 2023.
Quoted, Health Plans Sweat Over Latest Mental Health Parity Regulations, Health Plan Weekly, September 22, 2023.
Quoted, “How lawsuits could weaken the No Surprises Act,” Modern Healthcare, March 9, 2023.
Quoted, “Recent Rulings Will Complicate No Surprises Arbitration, Attorney Says,” InsideHealthPolicy, February 21, 2023.
Quoted, “Judge’s ruling on surprise billing threatens to disrupt arbitration process,” Healthcare Dive, February 7, 2023.
Co-author, “No Surprises Act Toolkit 50 State Tracker,” a toolkit prepared for Manatt on Health, January 6, 2023.
Quoted, “Providers seeking resolution of billing dispute sunder the No Surprises Act cause a major backlog of cases,” STAT, December 30, 2022.
Co-author, “What Creditors and Medical Services Providers Need to Know About D.C.’s Amended Debt Collection Law,” insideARM, November 17, 2022.
Quoted, “Surprise billing compliance 'very daunting,' regulatory experts say,” Healthcare Dive, April 7, 2022.
Quoted, “Buckle Up: Wild Ride Awaits Health, Life Sci Policy In 2022,” Law360, January 3, 2022.
Quoted, “Stakeholders Still Square Off, Lawsuits Continue Over Surprise Billing Rules,” InsideHealthPolicy, December 8, 2021.
Quoted, “What Revenue Cycle Can Do to Prepare for Surprise Billing Compliance,” RevCycleIntelligence, August 5, 2021.
Quoted, “5 Things Rev Cycle Leaders Need To Know About the Surprise Billing Interim Final Rule,” HealthLeaders, July 9, 2021.
Quoted, “The Pandemic’s CRE Domino Effect,” American Banker, June 10, 2020.
Co-author, “IRC § 501 (r) Developments and the Importance of Compliance Programs,” insideARM, December 1, 2016.
Court Finds a Fiduciary Risk for Directed Pension Trustees, The American Banker, December 1, 2003.
Cash Balance Plans Under Fire, In-House California, Autumn 2003, with Donald W. Meaders. Analysis of the decision in Cooper v. IBM, which invalidated IBM’s $37 billion cash balance plan.
"Patient Privacy," Daily Journal, January 26, 2001. Analysis of federal health care privacy regulations issued pursuant to the HIPAA.
Mixed Manna, Daily Journal, September 15, 2000, with Barry Landsberg. Analysis of California’s broad statutory unfair competition law.
Note, Due Process: Accuracy or Opportunity?, Southern California Law Review (September, 1992). An extensive analysis of the due process implications of proposals to reform mass tort litigation including an analysis of the due process issues in class actions and the history of Federal Rule of Civil Procedure 23.
Introduction, Southern California Law Review Special Supplement "Reactions to the Thomas Confirmation Hearings." (January, 1992). Special volume containing the reactions of scholars across the nation to the confirmation process for U.S. Supreme Court Justice Clarence Thomas.
University of Southern California Gould School of Law, J.D., 1992
Order of the Coif; Recipient, American Jurisprudence Awards in Administrative Procedure and Business Organizations
Articles Editor, Southern California Law Review
University of California, Los Angeles, B.A., M.A., Philosophy, magna cum laude, 1989
Phi Beta Kappa; College Honors
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