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Paul R. Cirel

Education

Boston University School of Law, Boston, MA, J.D., 1973

California State University at Long Beach, Long Beach, CA, BA, American Studies, magna cum laude, 1970

 

Admissions to Practice

Commonwealth of Massachusetts

United States District Court, District of Massachusetts

 

Professional Affiliations

American Bar Association

Massachusetts Bar Association

Boston Bar Association

American Health Lawyers Association

 

Awards and Recognitions

New England Super Lawyer - Health Care (2005-2012)

Named as “a leader in health care advocacy” by the Massachusetts Medical Law Reporter

 

Continuing Education and Commitment to Excellence

Panelist, "Administrative Agency Advocacy," Massachusetts Continuing Legal Education (2011)

Chair and Moderator, "Representing Physicians, Providers and Medical Groups in the Post-Healthcare Reform Era," Massachusetts Continuing Legal Education (2011)

Panelist, "State Enforcement Initiatives: Medicaid and Private Health Plan Insurance Fraud," HCCA New England Local Annual Conference (2007)

Faculty, "Dealing with the New Board of Medicine Regulations," Hospital and Health Care Law Conference, Massachusetts Continuing Legal Education (2007)

Panelist, "State Enforcement and Medicaid Fraud," American Bar Association Health Care Fraud Institute, New Orleans, LA (2007)

Moderator, "Developments in Medicaid Fraud Enforcement," American Bar Association Health Care Fraud Institute, New Orleans, LA (2007)

Panelist, "State Enforcement and Medicaid Fraud Workshop," American Bar Association Health Care Fraud Institute, Fort Lauderdale, FL (2006)

Faculty, "It’s Confidential – Privilege Law in Massachusetts," Massachusetts Continuing Legal Education (2006)

Panelist, "Avoiding the Consequences of Criminal Conviction for Corporations and Licensed Professionals," Boston Bar Association Continuing Legal Education (2003)

Faculty, "The Latest in Health Care Fraud," Massachusetts Continuing Legal Education (2003)

Faculty, "Advocacy Before the Board of Registration in Medicine," Massachusetts Continuing Legal Education (2003)

 

Publications and Press

SJC to Weigh Patient Privilege: Records of Psychiatrist Sought by Medical Panel

How to Respond to a Medical Records Audit  

Board of Medicine Regulations In Flux - Winter 2006

A knock on your door: What does the government want from providers? Autumn 2006  

Responding to the Board of Medicine: Don't go it alone

“How To” Manuals for Prosecutors, used by the Dept. of Justice; written while serving in the public sector

Periodically provided commentary and analysis regarding health care law for Massachusetts Lawyers Weekly

 

Pro Bono / Community Service

President, Newton Athletic Association (running local athletic programs for children)

 

Paul R. Cirel

617 371 1025

 

 

Clients and Industries

Paul’s practice is focused on the health care industry. He has represented individuals including physicians, dentists, nurses, physical therapists, practice managers and other medical professionals. He has also represented health care corporations and medical facilities including hospitals, medical device companies, pharmacies, pharmaceutical companies, nursing homes, medical clinics, drug testing laboratories and the Massachusetts Ambulance Association including many of its constituent members.

Practice Areas and Experience

Paul is the lead partner in the firm’s health care group, and has represented health care institutions and professionals in matters such as fraud and abuse investigations, false claims actions in state and federal courts, audits, as well as disciplinary and other administrative agency proceedings.

He has frequently represented health care professionals before the Board of Registration in Medicine and other licensing authorities, and he has often represented physicians in hospital-based peer-review proceedings.

In addition, he has represented health care institutions and providers involved in a variety of commercial and regulatory matters, including Medicare, Medicaid and other third-party administrator audits.

He has been litigating in the courts and before administrative agencies on behalf of health care clients for more than 30 years, and he also has provided individual and institutional providers, as well as trade associations, with ongoing guidance and counsel regarding developments in health law and regulatory compliance. 

Professional Experience Outside of Collora LLP

Paul served as Senior Trial Counsel and Deputy Chief of the Medicaid Fraud Control Unit in the Office of the Attorney General for the Commonwealth of Massachusetts and was a named partner in a small health care boutique firm prior to joining Collora LLP in 1995.

Sample of Results in Practice*

  • Successfully represented psychiatrist in proceeding to block a government subpoena of more than 20 patient files, establishing before the Supreme Judicial Court of Massachusetts, in a case of first impression, that the psychiatrist’s work in pain management was covered by the psychotherapist-patient privilege, and that the privilege cannot be pierced except by legislative enactment or constitutional imperative.
  • Successfully represented eight orthopedic shoe manufacturers/distributors in the Attorney General’s industry-wide investigation of Medicaid billing fraud and regulatory compliance.  All cases were resolved administratively, no criminal charges were brought, no civil complaints were filed and no fines or sanctions were imposed.
  • Secured dismissal of all criminal charges brought against a chiropractic clinic in the course of the government’s crackdown on automobile accident insurance fraud.
  • Resolved, on behalf of a dental clinic, a two-year-long criminal grand jury investigation of Medicaid fraud.  No criminal charges were brought against the clinic or any of its principals or employees.  The clinic and its owner entered into a civil settlement agreement for restitution, but without the imposition of any fines, penalties or sanctions and with the express provisions for the owner and the clinic’s continued MassHealth program participation.
  • Won separate jury verdicts of not guilty on behalf of two psychiatrists, each of whom had been charged with sexually assaulting a patient.  In one of those cases, the Board of Registration brought a collateral administrative proceeding that also resulted in acquittal of all charges following a hearing before an Administrative Magistrate.
  • Won dismissal of all charges brought by the Board of Registration in Medicine against a psychiatrist who had prescribed controlled substances to two undercover state police troopers posing as patients.  Following the acquittal by the Administrative Magistrate, a separate criminal investigation was terminated.
  • Successfully defended a neurosurgeon who was accused by the Board of Registration in Medicine of performing over twenty unnecessary surgeries.  The Administrative Magistrate rendered a decision in the doctor’s favor regarding each of the surgeries, with specific findings that the Board’s expert witness was biased against worker’s compensation claimants and the neurosurgeon’s former partner – who had initiated the Board complaint – was motivated by greed and jealously.
  • Successfully represented a radiation oncologist in a peer review proceeding at a major Boston teaching hospital.  The physician’s clinical privileges had been revoked based on claims of substandard care by his Department Chief.  Following multiple days of hearing before a peer panel appointed by the hospital, the physician’s clinical privileges were restored.
  • Successfully sued the Commonwealth of Massachusetts, including its Division of Health Care Finance and Policy and its Division of Medical Assistance, on behalf of the Massachusetts Ambulance Association and individual member companies to obtain higher rates of reimbursement for ambulance and chair car services.  As part of the settlement the companies not only received retroactive rate increases but the Commonwealth was also required to reimburse the Association for the legal fees expended in initiating and prosecuting the litigation.

* This sampling of cases represents a selected, small portion of this lawyer’s total experience, and past performance is not intended to be a representation of likely future results, which must be assessed on a case-by-case basis.

About Paul

When Paul is not advocating for his clients, he is often rooting for his favorite sports teams, embarrassing himself on a golf course or reading the exploits of fictional detectives Elvis Cole, Alan Banks or Harry Bosch. He is a particular fan of basketball, and worked his way through law school refereeing high school basketball games.