The resolution of complex health law disputes requires practical experience and insight.  From helping to form one of the first Minnesota Physician Hospital Organizations in the 1980s to advising clients on health care payment and regulatory compliance issues, Gordon Apple has a unique depth of health law and alternative dispute resolution experience to understand and address complex health law matters.   

ALTERNATIVE DISPUTE RESOLUTION EXPERIENCE: 

Since 1992, Gordon Apple has served as an arbitrator or mediator of  large complex health law insurance coverage and commercial disputes, including payor/provider disputes throughout the US. He has served as chair of a panel in two multimillion-dollar health care commercial arbitrations and as the party selected sole arbitrator in a complex 25 million dollar payor/provider dispute. He has served as an arbitrator or mediator in various disputes where parties included regional acute care hospitals, major third-party payors, national hospital chains, multi-specialty physician group practices, medical device companies, a national pharmacy benefit management company, physician specialty groups, and a physician owned specialty hospital. 


LEGAL EXPERIENCE:

Mr. Apple's legal practice was concentrated on complex health law matters including regional and national representation and consultation.  Areas of practice included, but were not limited to:

- Federal and State Regulatory Compliance 
- HIPAA - Privacy and Security Rule Compliance
- FQHC Reimbursement and Regulatory Compliance
- Provider Reimbursement   
- Non-Profit Governance & Taxation

Representative engagements included: 

  •  Negotiation of comprehensive EMR services and access agreements on behalf of various providers. 
  • Service as co-counsel in obtaining a Preliminary Injunction in Federal District Court requiring the State of Minnesota to comply with Federal legal requirements regarding supplemental payments to Medicaid managed care patients of Minnesota Federally Qualified Health Centers (“FQHCs”).  Injunction also  prohibited the State of Minnesota from engaging in the rebasing of Prospective Payment System rates for FQHCs.  Negotiated a settlement favorable to clients. 
  • Service as lead subject matter expert and trainer in the development of national HIPAA privacy program for Fortune 500 medical device company.  Engagement included training of corporate parent and national subsidiary team leaders, initial development of employee web based training module, initial drafting of corporate policies and procedures.
  • Negotiation of long term primary care physician contracts and affiliations for Critical Access Hospitals.
  •  Negotiation of employment agreement for chief of pediatric neurosurgery for major children’s hospital.
  • Service as co-counsel in Federal litigation against State of Minnesota regarding the establishment of a Prospective Payment System rate for a Federally Qualified Health Center – Look Alike.  Negotiated a multi-million dollar settlement favorable to client.
  • Services as counsel to Fortune 500 medical device corporation regarding participation with competitors in Association for the Advancement of Medical Instrumentation national standard development working group for developing design and performance standards to promote interchangeability of system components for FDA regulated devices.  Engagement included analysis of national and international standard setting requirements and related legal issues. 
  • Development of  corporate fraud and abuse compliance program for national pharmacy management company. 
  • Conducting billing compliance gap analysis in coordination with expert consultant for major Massachusetts teaching hospital and follow-up training of faculty providers. 


 



 BIOGRAPHY
 
Gordon Apple serves as an arbitrator with the American Arbitration Association on its commerical, complex case and health care panels and as an arbitrator and mediator with the American Health Lawyers Association's Alternative Dispute Resolution panel.  Mr. Apple has also been engaged as an independent medical staff hearing officer.  

Mr. Apple formerly authored the chapter on ADR for AHLA's Health Law Digest and helped develop and served as one of four faculty for AHLA's three day intensive health law mediation course.  Mr. Apple has served as a Vice Chair of the AHLA's Health Information and Technology Practice Group and two terms as Chair of the Health Law Section of the Minnesota State Bar Association.  Mr. Apple has authored numerous articles and book chapters on health law topics and has spoken at dozens of national and regional legal education and other health law related conferences.  

After 6 years in private practice at the St. Paul law firm of Maun and Simon, Mr. Apple served as General Counsel to Ramsey Clinic Associates - a major multi-specialty academic physician practice, Ramsey Foundation and St. Paul-Ramsey Medical Center, a Level I trauma center.  Subequently, Mr. Apple maintined a solo health law practice for over 25 years representing clients ranging from Fortune 500 companies to individual health care professionals.

Mr. Apple is a 1982 graduate of the University of Wisconsin School of Law.  Following law school, Mr. Apple had the honor of serving as a Fellow with the National Academy of Sciences National Research Council and its Committee on National Statistics. Mr. Apple has an AV® rating with Martindale-Hubbell.

Prior to law school, Mr. Apple worked as a paralegal at Wilmer Cutler and Pickering and Reid and Priest in Washington, D.C.

Admitted to Practice 
Minnesota - 1985

 

 

SELECTED ARTICLES & PRESENTATIONS

Seminar Faculty: "Understanding the Impact of “Artificial Intelligence” on the Future Practice of Law and Medicine" -  Physicians  and Hospitals Law Institute - American Health Lawyers Association, Gordon J. Apple and Professor Haavi Morreim, JD, PhD, Phoenix, AZ (Feb. 2020)

Seminar Faculty: "Mediating Health Care Controversies" - American Health Lawyers Association, Arlington, VA (April 2018)

Seminar, "The Nexus Between Technology and Legal Ethics" - Annual Meeting of the American Health Lawyers Association, San Francisco, CA (June 2017)

Seminar, "Health Care Disputes - ADR  v. Litigation" - Representing Health Care Providers - Key Issues, Minnesota CLE,  Gordon J. Apple, Gail F. Brandt & Chad Stratham, Minneapolis, MN (January 2016)

Article.  "What Happens in Peer Review Stays in Peer Review!"  AHLA Weekly, August 21, 2015.

Seminar.  "US Supreme Court Update" - The 2015 Health Law Institute, Minnesota CLE, Minneapolis, MN (June 2015)

Seminar Faculty: "Mediating Health Care Controversies" - American Health Lawyers Association, Austin, TX (May 2015)

Seminar Faculty: "Mediating Health Care Controversies" - American Health Lawyers Association, New Orleans, LA, (November 2014)

Co-Author & Editor, “Lawyers as Business Associates: No Excuses” AHLA Connections, Vol. 18, No. 6 June 2014, pp. 42-47

Seminar.  "Legal Ethics - Rules of Professional Conduct that Intersect with HIPAA Requirements" - Current HIT Challenges: mHealth, Big Data and HIPAA Compliance, American Health Lawyer's Association, Gordon J. Apple and Robert Wells, Baltimore, MD (April 2014)

Seminar.  "Compliance Challenges Under the HIPPA/HITECH Omnibus Rule" - The 2014 Care of the Aging Conference, Minnesota CLE, Minneapolis, MN (February 2014)

Article:  Apple, Gordon J. (2013). " Lawyers as Business Associates Under HIPAA: Are You Ready?" Bench and Bar of Minnesota, March, Vol. LXX, No. III

Article:  Apple, Gordon J. (2010).Federal Health Care Reform: A Renewed Commitment to Program Integrity.” Bench and Bar of Minnesota, May/June, Vol. 67, No. 5

Seminar:  “Foundations of Health Law” The 19th National Institute on Health Care Fraud – American Bar Association, Beth Schermer, Paul DeMuro and Gordon Apple, Phoenix, AZ (May 2009)

Seminar.  "Physician Covenants Not to Compete: Reasonable Restrictions or Overreaching?" - Physicians and Physician Organizations Law Institute, American Health Lawyer's Association, Phoenix, AZ (February 2009)

Seminar: "Legal Ethics and Cyberethics: The Evolution of Legal Ethical Behavior in Cyberspace" - Annual Meeting of the American Health Lawyers Association, San Francisco, CA (June 2008)

Seminar:  "Health Information and Technology Issues for Labor and Employment Lawyers" - Annual Meeting of the American Health Lawyers Association, Gordon Apple, Brent Henry & Scott Hardy, Philadelphia, PA (June 2006)
            
Seminar Track Leader:  "AMC Security and Privacy: Progress and Prospects" -  North Carolina Healthcare Information and Communications Alliance third Academic Medical Center Conference, Raleigh-Durham, NC. (Sept. 2005) 

            
Seminar:  "The Quest for Interoperable Electronic Health Records" - Annual Meeting of the American Health Lawyers Association, Gordon Apple, Jodi Goldstein Daniel & Kristen Rosati, San Diego, CA. (June 2005)
 
Teleconference:  "Enforcing HIPAA Administrative Simplification: Learn the Rule Now, Before It's Too Late!"  -  Alan Goldberg, Gordon Apple, Jud Deloss & Marc Goldstone, American Health Lawyers Association - (May 2005)
            
Conference Co-Chair & Moderator, "Riding the Electronic Health Record Tidal Wave: An Exploration of the Potential Legal Barriers to the Interoperable EHR" American Health Lawyers Association, Chicago, IL. (Nov. 2004)
                       
Seminar: "The Nexus between HIPAA's Privacy and Security Rules" - Annual Meeting of the American Health Information Management Association, Gordon J. Apple, Minneapolis, MN.  (Oct. 2003)
            
Seminar: "HIPAA Security Basics" Health Information and Technology Conference, Peter Adler & Gordon J. Apple, San Francisco, CA., American Health Lawyers Association, (Oct. 2003)
     
Seminar: "HIPAA Enforcement" Long Term Care and the Law, Gordon J. Apple, Phoenix, AZ., American Health Lawyers Association, (Feb. 2003)
            
Apple, Gordon J; Michael J. Rozen, MD: "Promises in Healthcare" What You Need to Know About PHI" - In Confidence, American Health Information Management Association, January 2003. Vol. 11 No. 1
            
Seminar: "Developing Smart Medical Devices and other Software to Facilitate Compliance with HIPAA and other Privacy Laws" Technology and Health: Legal Issues in Security, Research and Data Use, Lisa Acevedo, Gordon J. Apple, Atlanta, GA., American Health Lawyers Association, (Oct. 2002)
            
Seminar: "Information Privacy Compliance" Long Term Care and the Law, Gordon J. Apple, New Orleans, LA., American Health Lawyers Association, (Feb. 2002)
            
Seminar: "Information Privacy Compliance" Health and the Information Age: Privacy, Security, Biotechnology and the Internet, Gordon J. Apple, Seattle, WA., American Health Lawyers Association, (Dec. 2001)
  
Web based continuing education learning module: "Building the Foundation for the Privacy Initiative" - Gordon J. Apple, American Health Information Management  Association, (September, 2001)

Seminar: "Death and Dying - Legal and Ethical Concerns at the End of Life"  - Long Term Care and the Law, Gordon J. Apple, Las Vegas, Nevada, American Health Lawyers Association, (Feb. 2001)
            
Seminar: "Health Information and Technology in Long Term Care" - Long Term Care and the Law, Gordon J. Apple, Las Vegas, Nevada, American Health Lawyers Association, (Feb. 2001)

Seminar: “Information Technology in Healthcare – A Primer” – 2000 E-Health and the Information Age, Gordon J. Apple, San Francisco, California, American Health Lawyers Association, (Dec. 2000)

Seminar: "Patient Rights Under HIPAA” – The First National HIPAA Summit, Gordon J. Apple & Mary Brandt, Washington, D.C., Healthcare Strategy Institute, (Oct. 2000)

Seminar: "Information Security and Privacy: HIPAA’s Potential Impact – HCCA’s 2000 Compliance Institute, Gordon J. Apple, Lee Olson, New Orleans, Louisiana, Health Care Compliance Association. (Sept. 2000)

Apple, Gordon J. (1999).
Protecting Personal Health Information: Emerging Standards for the Electronic Age.” Bench and Bar of Minnesota, December, Vol. LVI, No. XI.

Seminar: "ADR in Healthcare” – Annual Meeting of the American Health Lawyers Association, Gordon J. Apple and Eileen Bantel, Chicago, Illinois, American Health Lawyers Association (1999)

Apple, Gordon J. (1997). “Corporate Compliance Plans: Pitfalls and Opportunities.” Bench and Bar of Minnesota, November, Vol. LIV, No. XI.

Apple, Gordon J. (1997). “Stanching the Flow: Medicare/Medicaid Fraud and Abuse.” - Bench and Bar of Minnesota, February, Vol. LIV, No. II.

Apple, Gordon J. and Laurie J. Levin (1996). “Operation Restore Trust and The Voluntary Disclosure of Health Care Fraud and Abuse.” - Journal of Health and Hospital Law Vol. 29, No. 4 - July/August,  American Academy of Healthcare Attorneys)
           
Seminar:   "Cultural Competency: How Does It Affect Patient Outcomes" - Through the Eyes of Others: Is Health Care Culturally Competent?, Patricia Walker , M.D., and Gordon J. Apple, University of Minnesota
(1995)

Seminar: "Developing and Implementing a Sexual Harassment Prevention Program for HealthCare Providers" - The Medical Staff: Current Legal Issues in a Changing Delivery System, Chicago, Illinois, National Health Lawyers Association (1994)

Apple, Gordon J. (1991). "Financial Relationships With Clinical Laboratories: The New Reality" - Minnesota
Physician 5(7).
           
Contributing author to: The Evolving Role of Statistical Assessments as Evidence in the Courts. (1988) Panel on Statistical Assessments as Evidence in the Courts, National Academy of Sciences, National Research Council.  S. Fienberg (ed.) Springer‑Verlag, New York
.

Apple, Gordon J., William G. Hunter, and Soren Bisgaard (1987).  "Scientific Data and Environmental Regulation," in Statistics and the Law.  S. Fienberg, M. Degroot, and J. Kadane (eds.) John Wiley & Sons, New York
.

Pollack, Alison K., William G. Hunter, and Gordon J. Apple (eds.) (1983).  Proceedings of the Seventh Symposium on Statistics and the Environment.  The American Statistician Part 2(37).
  



 

 

 


 

 

Gordon J. Apple, J.D.

787 Osceola Avenue, Suite 400

St. Paul, Minnesota 55105

651-292-1524

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