Kevin E. Raphael
KEVIN E. RAPHAEL is co-chair of the Health Care Litigation Group. A former prosecutor with the District Attorney's Office in Philadelphia, Mr. Raphael is a veteran of hundreds of bench and jury trials. Mr. Raphael routinely practices in the areas of Health Care Litigation, White Collar Criminal defense and Complex Commercial Litigation.
Mr. Raphael represents a wide range of clients, including individuals, small businesses, physician practice groups, and privately held companies and large corporations in many industries. Mr. Raphael's health care clients include licensed medical providers of all types; physician's practices; pharmaceutical companies; medical device companies; hospital and health systems; home health care agencies; and other health care related businesses. He represents licensed professionals before licensing boards, credentialing committees, privileging committees and other administrative entities.
Mr. Raphael also handles a wide variety of criminal matters, including public corruption, health care fraud, tax fraud, public finance fraud and FDA criminal investigations. Mr. Raphael also has significant experience representing health care entities in civil litigation, such as the defense of RICO and fraud suits, overpayment disputes with health insurance companies, Recovery Audit Contractor ("RAC") disputes and Medicaid Integrity Program ("MIP") audits, Medicare appeals and issues involving non-competes and other business disputes. He also litigates a broad range of other civil matters including contract actions, employment disputes and allegations of statutory or common law fraud.
Examples typical of Mr. Raphael’s representations include:
- Health care practices under investigation by the U.S. Attorney's Office in the Eastern District of Pennsylvania for the alleged importation of non-FDA approved drugs.
- An individual charged by the U.S. Attorney's Office in Delaware for bribing a county official.
- Health care practices under investigation by the Food and Drug Administration for alleged fraudulent use of a non-FDA approved drug.
- A corporate employee who was under investigation by a U.S. Attorney's Office for export violations.
- Health care practices investigated and sued by insurance companies for alleged fraudulent treatment of personal injury plaintiffs.
- A chiropractor charged with Insurance Fraud by the Pennsylvania Attorney General's Office.
- A health care practice investigated for civil False Claims Act violations by the U.S. Attorney's Office in the Eastern District of Pennsylvania, and which is also involved in billing disputes with numerous insurance companies.
- Health care providers who have been the subject of disciplinary actions by hospitals, health systems, and private health insurance companies, such as Independence Blue Cross.
- A chiropractor, in defending a $200,000 overpayment demand by a major healthcare provider.
- Health care providers who are subject to exclusion actions by Medicare and Medicaid.
- A multi-million-dollar collection corporation that was involved in a contract dispute with a former client.
- A corporate employee of a construction company who was sued for fraud by the investors in a municipal bond issue that financed the construction company's incomplete municipal project.
- A national corporation that was sued for negligence by an injured employee of a security company, contracted to provide security services to our client.
- A state insurance department, acting as the receiver for an insolvent insurance company, in a contract action against a national insurance broker.
- A liquor licensee who is defending against numerous violations charged by the State of New Jersey ABC that could result in revocation of the client's liquor license.
- A liquor licensee before an Administrative Law Judge, defending citations issued by the Commonwealth of Pennsylvania Liquor Control Board.
- A liquor licensee in the Court of Common Pleas and before the Commonwealth Court, challenging the Liquor Control Board's denial of our client's request to extend its liquor license.
Mr. Raphael has been selected by Law and Politics magazine as a Pennsylvania Super Lawyer for 2010 in the area of Health Care. Previously, he has been selected as a Pennsylvania Super Lawyers Rising Star for 2005, 2006 and 2007 in the area of White Collar Criminal Defense.
Mr. Raphael is on the Board of Directors, and served for a number of years as president, of Northwest Victim Services, a non-profit organization providing counseling and advocacy services to victims of crime. Mr. Raphael serves on the Executive Committee of the American Bar Association’s Young Lawyers Division Mid-Atlantic White Collar Crime Committee.
He is a member of the American, Pennsylvania and Philadelphia Bar Associations. He is also a member of the American Health Lawyers Association, the Health Care Compliance Association, the National Association of Criminal Defense Lawyers and the Pennsylvania Association of Criminal Defense Lawyers.
Mr. Raphael speaks and writes extensively on white collar and health care litigation issues, including fraud and abuse and compliance. He also serves as a peer reviewer for articles submitted to various healthcare journals.
Mr. Raphael received his J.D., cum laude, from the State University of New York at Buffalo Law School. He earned his B.A., magna cum laude, from St. Lawrence University, where he was Phi Beta Kappa.
He is licensed to practice in Pennsylvania and New Jersey.
Representative Cases, Publications and Speaking Engagements