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Senior Administrative Staff
 
Richard E. Gardner III
Partner

404.873.8148  direct
404.873.8149  fax
richard.gardner@agg.com



Mr. Gardner is a partner of the firm in the Healthcare / Life Sciences Practice Group on the Healthcare Team. His practice focuses on healthcare regulatory issues and administrative litigation. He advises and represents clients in areas such as federal and state regulatory compliance, nursing home operations, Medicare and Medicaid reimbursement, hospital medical staff issues, qui tam litigation and civil monetary penalty defense. In addition to his healthcare practice, Mr. Gardner advises various political committees, such as corporate PACs, on compliance with federal and state campaign finance laws.

Professional Activities
  • State Bar of Georgia, Healthcare Section
  • Georgia Academy of Healthcare Attorneys
  • American Health Lawyers Association
  • Health Care Compliance Association
Education
  • J.D., Emory University School of Law
    - With honors
    - Emory Law Journal, Randolph W. Thrower Symposium Editor
    - Order of the Coif
  • M.S., University of Memphis
  • B.A., Belhaven College
Admitted to Practice
  • State of Georgia
Awards and Recognition
  • Selection, "Georgia Rising Stars," Atlanta magazine, 2010
Additional Information
Presentations
  • "Leveling the Playing Field: Strategies for Medicaid Reimbursement Appeals in Georgia," Georgia Hospital Association webinar, April 22, 2010.
  • “Georgia Hospital Medicaid Appeals,” Georgia Hospital Association's Hospital Appeals Workshop, Atlanta, Georgia, March 4, 2010.
  • “Long-Term Care Survey, Certification, and Enforcement Issues: CMS and Provider Perspectives” Health Care Compliance Association’s 13th Annual Compliance Institute, Las Vegas, Nevada, April 28, 2009 (with Alan C. Horowitz, Assistant Regional Counsel, Office of General Counsel, U.S. Dept. of Health and Human Services).
  • "Identity Theft as New Age Elder Abuse: Complying with the Red Flag Rules" American Health Lawyers Association, Long Term Care and the Law, Las Vegas, Nevada, Feb. 25-27, 2009.
  • "Part I - Absentee Voting in Nursing Homes: What You Don't Know Can Hurt You; Part II - Involuntary Discharge" Georgia Health Care Association 2008 Annual Convention, June 17, 2008.
  • “Avoiding Poliner’s Result: Improving Peer Review” 5th Annual Advanced Health Care Law Seminar, Institute of Continuing Legal Education in Georgia, Atlanta, Georgia, Sept. 30, 2005.
  • “The Legal Implications and Costs of Counterfeit Products to a Pharmaceutical Manufacturer” Counterfeit Drugs and Importations Issues Conference, International Quality and Productivity Center, Washington D.C., Dec. 7, 2004.
  • “The Interplay between HIPAA, State Law, and other Federal Laws on Confidentiality, Georgia Mental Health and the Law 2004, Health Education Network, LLC, Atlanta, Georgia, November 12, 2004.
  • “HIPAA and Its Impact on Discovery” 22nd Annual Insurance Institute, Institute of Continuing Legal Education in Georgia, St. Simons Island, Georgia, September 27, 2003.
  • HIPAA Compliance For Nurses And Practitioners: Putting The Regulations Into Practice, Lorman Education Seminar, Atlanta, Georgia, Dec. 17, 2002.
  • “Patient Rights” HIPAA and Medical Record Privacy: Are You Ready For The New Rules?, Medical Educational Services, Atlanta, Georgia, June 13, 2002.
  • Medical Records in Georgia, Medical Education Services, Atlanta, Georgia, 2000.  
Publications 
  • Fifty State Survey of Certificate of Need and Licensure: Nursing Homes, Assisted Living, Home Health, and Hospice, American Health Lawyers Association, Contributing Author for South Carolina, 2009. 
  • "When Eviction Becomes Necessary," Provider, September 2004, at 57.
  • "Assisted Living: First Steps Toward Uniformity," Continuing Care, July/August 2003, at 19.
  • “The Storm of Tort Reform,” Continuing Care, May/June 2003, at 18.
  • “The Road to Compliance: Where are you?Long-Term Care and the HIPAA Privacy Rule,” Continuing Care, March/April 2003, at 17.
  • “Pain and Suffering – Inadequate Pain Management as Elder Abuse,” Continuing Care, July/August 2002, at 22.
  • “Between a Rock and a Hard Place – Navigating the Legal Constraints on the Involuntary Discharge of Nursing Home Residents,” Contemporary Long Term Care, August 2002, at 22.
  • “Tearing Down the Walls – The New Freedom Initiative provides funding to encourage community living for people with disabilities,” Continuing Care, May/June 2002, at 24.
  • “Mind Over Matter?: The Historical Search for Meaningful Parity Between Mental and Physical Health Care Coverage,” 49 Emory L.J. 675, 2000.


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