Jerad is a partner in the Healthcare and Litigation practices and a member of the firm’s Long-term Care Industry Group. Jerad counsels and represents healthcare clients in a broad range of healthcare and business disputes, with a particular focus on issues involving government payments, defense of professional liability claims, and regulatory compliance. He is the co-editor of the AGG Healthcare Authority, a weekly electronic newsletter distributed by the Healthcare Practice that includes current news briefs, articles and announcements relevant to the healthcare industry. Jerad frequently authors articles and client updates on recent developments in healthcare law.
With respect to government payments, Jerad’s practice includes representation of providers in defense of government investigations and lawsuits involving the False Claims Act, with a particular focus on claims involving allegations relating to medical necessity, “worthless services,” and violations of the Anti-Kickback Statute. Jerad also represents skilled nursing facilities in the protection of their Medicare and Medicaid provider agreements, including negotiation and administrative appeals of survey and certification matters and, when necessary, federal court actions to preserve provider agreements pending completion of the administrative review process. Jerad also represents providers in disputes relating to payment determinations, including litigation challenging payment determinations and the regulations under which payment determinations are made.
With respect to defense of skilled nursing facility clients, Jerad is a strong proponent of arbitration as a fair and efficient method of resolving disputes. Jerad contributed to revisions to the American Health Lawyers Association Dispute Resolution Service’s Rules of Procedure for Arbitration and contributed to a toolkit addressing the special issues involved in arbitrating disputes between long term care providers and consumers. Jerad has filed amicus curiae (“friend of the court”) briefs in appellate courts involving enforcement of arbitration agreements. He has reviewed, analyzed, provided comments, and drafted proposed amendments regarding legislation affecting the Long Term Care industry, including proposed laws regarding tort reform and arbitration agreements. Jerad counsels skilled nursing facility clients regarding arbitration programs, including the content of arbitration agreements and processes for obtaining proper signatures to maximize the enforceability of those agreements. Jerad represents skilled nursing facilities in the enforcement of pre-dispute arbitration agreements, including filing motions to compel arbitration, petitions in federal court to compel arbitration, and appellate briefs with respect to orders on the enforceability of arbitration agreements.
Jerad is licensed to practice in the trial and appellate courts of Georgia, North Carolina, and South Carolina.