David Quinn Gacioch focuses his practice on two areas of key importance to clients operating in the health care industry and beyond: (1) information privacy/data protection/data breach response issues arising under the Health Insurance Portability and Accountability Act (HIPAA), the Federal Trade Commission (FTC) Act and state consumer protection laws, and (2) fraud and abuse issues arising under the laws governing federal health care programs such as Medicare and Medicaid, including the Anti-Kickback Statue. He counsels clients on issues of compliance with state and federal law in these areas, and represents clients in their dealings with federal and state enforcement authorities, including responding to government investigations. Notably, Dave has significant experience helping clients to negotiate, and to operate under, cooperate integrity agreements and corrective action plans.
Dave has particularly deep knowledge of the fair market value issues that frequently arise in the area of health care compliance and in other contexts. He has worked extensively alongside (and opposite) appraisal experts from several leading valuation and consulting firms in compliance counseling, investigation, litigation and arbitration settings, including with respect to "remuneration" issues under the Anti-Kickback Statute and litigation/arbitration damages issues.
As a former advanced emergency medical technician and ambulance service officer, Dave brings a provider's perspective to the practicalities of health care compliance, which allows him to grasp issues quickly and to communicate them effectively both to and on behalf of providers. Dave continues to volunteer his time as a ski patroller, providing rescue and emergency medical care services to sick and injured ski area patrons.
Dave regularly writes and lectures on breach response, enforcement, and litigation issues related to privacy and data protection. Dave has significant trial, litigation and arbitration experience, and also has performed extensive pro bono work.
Previously, Dave served as law clerk to the Honorable Ernest C. Torres, Chief Judge of the US District Court for the District of Rhode Island.