Go-to counsel on administrative matters impacting health care providers

Randy Fearnow represents the interests of health care providers before state and federal courts and administrative agencies. He assists providers who have become the focus of state or federal audits or investigations, or who face qui tam and civil false claims allegations. Most recently, he has been certified as a health care arbitrator by the American Health Law Association and is available to serve as an arbitrator in health law disputes. Clients he has advised include:

• Physicians
• Skilled nursing facilities
• Assisted and independent living facilities
• Home health and hospice agencies
• Transportation providers
• Pharmacies

Randy is known as a "go-to" attorney on Indiana administrative matters impacting health care businesses and individual health care providers. He has years of experience before Indiana administrative boards and played a role in many of the leading cases that have shaped Indiana administrative law.

Regional and national clients reach out to Randy for his ability to help avoid strategies that could be counterproductive. He helps his clients navigate the administrative process as efficiently as possible in pursuit of the client's desired administrative remedy.

Bar Admissions

• Illinois
• Indiana

Education

• Indiana University Robert H. McKinney School of Law (J.D., 1981)

• University of Indianapolis (B.A., magna cum laude, 1977)

• "Assisted Living Compliance Strategies: Elopement"
• "David v. Goliath: Managing Surveys, Appeals, and Government Investigations"
• "Don't Smile: Cameras in Assisted Living are Trouble"
• "Don't Smile: Cameras in Long Term Care are Trouble"
• "Health Care Reform: Provisions with Immediate Impact"
• "Introduction to Long Term Care, Home Health and Hospice Law"
• "Introduction to Long-Term Care, Home Health, and Hospice Law"
• "Medical Cannabis: What Illinois and Other States are Doing and What Indiana is Not"
• "Medicare and Medicaid Fraud and Abuse: How to Protect Yourself During an Audit or Investigation"
• "Medicare and Medicaid Fraud and Abuse: How to Protect Yourself During an Audit or Investigation"
• "New Illinois Nursing Home Law Double-edged Sword Regarding Privacy"
• "Nursing facility takes a creative path to skirt Medicare termination"
• "Nursing Homes May See Litigation Spike After 7th Circ. Ruling"
• "Opioid Crisis—Top Things to Know"
• "Permissive Exclusion: OIG Proposes Rule Creating More Problems, Not Solutions for Long Term Care Providers"
• "The Keys Are Under the Mat: Closing a Medicare Certified Skilled Nursing Facility"
• "The Keys Are Under the Mat: Closing a Medicare Certified SNF"
• "The Keys are Under the Mat: Closing a Medicare Certified SNF"
• "The Reckoning: Long Term Care Facility Compliance and Enforcement Post-Pandemic"
• "The Use of Medical and Recreational Cannabis in Skilled Nursing, Hospice, and Assisted Living"
• "Trouble On Indiana Avenue: Use of State False Claims Acts to Recover Funds Paid to Employers of Excluded Individuals"
• "Trouble On Indiana Avenue: Use of State False Claims Acts to Recover Funds Paid to Employers of Excluded Individuals"
• "Trouble on Indiana Avenue: Use of State False Claims Acts to Recover Funds Paid to Employers of Excluded Individuals"
• Attention Nursing Facilities: Immediate Imposition of Civil Money Penalties
• City of Chicago Imposes Licensing Requirement Upon Pharmaceutical Representatives
• Civil Immunity Protections for Health Care Providers Serving to Combat COVID-19
• CMS Suspends Surveys for Long-Term Care Providers, Issues COVID-19 Protocols
• Court Decision Opens Door to Potential Flood of Federal Court Litigation Against Indiana Skilled Nursing Facilities
• COVID-19: Illinois Executive Order Grants Civil Immunity to Assisted Living Providers
• DOJ’s Elder Justice Initiative
• Indiana Family and Social Services Administration Issues its Own COVID-19 Related Guidance Impacting Long-Term Care Facilities
• Indiana State Department of Health Continues to Issue Guidance Related to the Effects of COVID-19 on Long-Term Care Facilities
• Jaya White, Randy Fearnow Author Bloomberg Law Article About New Indiana Law on Health Care Merger Notification
• Long-Term Care Providers: CMS Blanket Waivers and Guidance from the Indiana State Department of Health on Hospital Discharges
• Long-Term Care Providers: CMS Issues Guidance for Infection Control and Prevention Concerning COVID-19 in Home Health Agencies
• Long-Term Care Providers: Restrictions on Visitors in Light of COVID-19
• Long-Term Care: More Changes to the Survey Process
• New CMS Regulation Prohibits Nursing Facilities from Using Pre-Admission Binding Arbitration Agreements
• Restrictions on Communal Dining for Long-Term Care Providers During COVID-19
• Snapchat, Facebook, and Instagram….Has Your Facility Addressed These Media in Your Resident Abuse Prevention Policies?  Now is the Time…the Surveyors are Coming!
• The Use of Workplace Violence Restraining Orders in Response to Abusive Residents and Family Members

Seminar

• 2015 Pharmacy Law Symposium
• 2021 Pharmacy Law Symposium
• AHLA Fundamentals of Health Law
• American Health Lawyers Association Long Term Care and the Law Conference
• Fundamentals of Long Term Care
• Indiana State Bar Association 10th Annual Health Law Symposium
• Introduction to Long-Term Care, Home Health, and Hospice Law
• Is Home Care Winning? Recent Legal and Regulatory Developments in Home Health
• LeadingAge Indiana/INALA/HOPE Fall Conference
• Long Term and Post Acute Care 101
• Nursing Facility Collection Practices Under Scrutiny and How to Work with Assisted Living and Nursing Home Clients to Resolve Difficult Resident Discharges (SNF, AL)
• Opioid Crisis — Top Things to Know
• The Reckoning: Long Term Care Facility Compliance and Enforcement Post-Pandemic
• The Use of Medical and Recreational Cannabis in Skilled Nursing, Hospice, and Assisted Living
• Whistleblowing Issues in the Health Care Industry