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REPRESENTATIVE EXPERIENCE

Joshua I. Skora

Represented React Health Holdings, LLC a holding company whose subsidiaries manufacture and distribute sleep therapy, respiratory therapy and disinfection products in North America in negotiating terms and closing an investment by One Equity Partners.
Represented React Health Holdings, LLC a holding company whose subsidiaries manufacture and distribute sleep therapy, respiratory therapy and disinfection products in North America, in a merger with Washington-headquartered Ventec Life Systems, Inc., a ventilator manufacturer.
Represented React Health Holdings, LLC a holding company whose subsidiaries manufacture and distribute sleep therapy, respiratory therapy and disinfection products in North America, in the acquisition of Medi-Lynx Cardiac Monitoring, LLC, a Texas-based remote cardiac monitoring service provider and Medicare-enrolled independent diagnostic testing facility, and in negotiating support and licensing agreements with Medi-Lynx’s Polish public parent company, Medicalgorithmics S.A.
Represented React Health Holdings, LLC a holding company whose subsidiaries manufacture and distribute sleep therapy, respiratory therapy and disinfection products in North America, in the acquisition of Watermark Medical, Inc., a Medicare-enrolled independent diagnostic testing facility. The Medicare-enrolled facility engages in the manufacture and provision of home sleep testing equipment and services and renting or selling of devices to physicians to assist them in the diagnosis of patients with sleep apnea and other sleep disorders. 
Represented React Health Holdings, LLC a holding company whose subsidiaries manufacture and distribute sleep therapy, respiratory therapy and disinfection products in North America, in negotiating terms and closing an investment by Palm Beach Capital.
Represented Florida-based 3B Medical, a manufacturer of respiratory equipment, in its acquisition of Drive DeVilbiss' sleep division assets. Drive DeVilbiss is a United States-based medical device manufacturer with operations and sales channels in over 80 countries. The purchase price included cash and royalty payments for three years.
Represented a durable medical equipment supplier against State of Vermont False Claims Act allegations. Successfully settled the dispute and drafted Vermont’s first Medicaid Corporate Integrity Agreement.
Represented medical device manufacturer and durable medical equipment supplier in qui tam lawsuit filed under the federal False Claim Act for alleged fraudulent billing practices in skilled nursing facilities with damages in excess of $700,000,000. After the DOJ intervened, successfully settled the dispute after discovery and dispositive motions concluded and avoided entering into a Corporate Integrity Agreement with the Department of Health and Human Services.
Represented a consortium of durable medical equipment suppliers in challenge to Medicare rates for ventilators.
Represented medical device manufacturers in response to FDA inquiries.
Represented health care providers and suppliers in response to Department of Justice subpoenas and civil investigative demands. Prepared materials to present to the Department of Justice, Department of Defense, and the Department of Health and Human Services.
Represented health care providers and suppliers in state Attorney Generals’ and professional boards’ investigations and disciplinary proceedings.
Represented a durable medical equipment supplier against a Federal class action lawsuit alleging violations of the Telephone Consumer Protection Act. Successfully obtained summary judgement in client’s favor.
Assist clients in managing and conducting due diligence for prospective transactions and investments.
Represented durable medical equipment providers in preparation and submission of bids for rounds of the Medicare Competitive Bidding Program.
Assist clients with corporate governance.
Represented health care companies (durable medical equipment suppliers, medical device manufacturers, pharmacies, home health agencies, laboratories, skilled nursing facilities, independent diagnostic testing facilities, etc.) in mergers and acquisitions, sales, joint ventures, reorganizations and recapitalizations.
Represented health care providers and suppliers in conducting internal investigations to identify and quantify overpayments to self-disclose to federal and state regulators.
Represented health care providers and suppliers in in-network and out-of-network Medicare, Medicaid and commercial payor audits and appeals.
Represented health care providers and suppliers on Medicare and Medicaid licensure and enrollment issues.
Represented health care providers and suppliers in response to Medicare, Medicaid and commercial payor payment suspension, revocations, deactivations and terminations.
Represented health care companies in structuring, forming, and executing telemedicine models.
Represented health care providers and suppliers in response to HIPAA security breaches and compliance with state and federal reporting obligations.
Represented health care providers and suppliers in response to Department of Health and Human Services, Office of Inspector General, Office of Audit Services audits.
Represented health care providers and suppliers in contract negotiations with payors, vendors and other health care companies.
Represented a durable medical equipment supplier in successful protests of the Department of Veterans Affairs’ contract award and subsequent solicitation terms to the Government Accountability Office and the Court of Federal Claims.
Represented pharmacies in disputes with Pharmacy Benefit Managers for improper audit deficiencies and network terminations. Obtained temporary restraining orders and injunctions enjoining Pharmacy Benefit Managers from terminating contracts.
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