C. Scott NicholsC. Scott Nichols Clark Hill
C. Scott Nichols
C. Scott Nichols counsels health care providers regarding development of strategies to maximize reimbursement and compliance with applicable state and federal laws. Scott advises providers regarding development of processes to handle RAC/CMS/Medicare audits and appeals and represent them throughout the appeal process. Scott also represents health care providers, including physicians and hospitals, in connection with medical staff credentialing and peer review matters. He represents providers who are the subject of fraud investigations including by the OIG, state and federal, and insurance company SIU's (special investigation units).
For over 20 years Scott has represented providers in professional liability/medical malpractice litigation and before their state licensing boards, including the Texas Medical Board. Finally, he regularly works in tandem with the attorneys at Clark Hill Strasburger who are health care transactional lawyers to meet the needs of our health care clients.
Scott has represented physicians and others before the Texas Medical Board in connection with a variety of issues. Noteworthy successes include two complete dismissals based on written responses only, dated August 31, 2012, obtaining an unrestricted license for an out-of-state doctor after his license had been initially denied and defending a physician's license before the Board after a patient complaint.\n\nScott recently obtained a $4.5 million settlement for a provider client against a major health care insurance company in a reimbursement dispute.
Additionally, Scott represented a hospital in connection with a complex medical staff dispute, including investigation of a physician, summary suspension of the physician's privileges, the physician's resignation, and evaluation of the physician's re-application for privileges post-resignation.
Scott has tried cases in multiple jurisdictions, including California, Washington DC and Texas. He is admitted to practice law in California and Texas. He was one of the lead trial lawyers in Kelly A. v. NME, Inc., et. al., chosen by The National Law Journal as 1999's biggest defense win in civil cases nationally. In that case, he successfully defended a subsidiary of a national hospital corporation in the lawsuit which included allegations of fraud and conspiracy and a request for $150 million in punitive damages.
- Fighting for Reimbursement, Healthcare Financial Management Association, Lone Star Chapter Annual Conference (August 2012)
- False Claims Act and ERISA Payment Disputes, Southern Medical Association Annual Medico, Legal Aspects of Medicine Conference, Emerging Policy Issues (March 2012)
- Communication of Medical Errors, Why, When, and Who, Southern Medical Association Annual Medico, Legal Aspects of Medicine Conference in Conjunction with Auburn University PEMBA Program (March 2010)
- Guest Lecturer, Legal Aspects of Healthcare Administration Graduate Course, University of Houston - Clear Lake
- Medical Records Law In Texas: Maintaining Records and Responding to Subpoenas, Lorman Education Services (February 2008)
- Disclosure of Unanticipated Outcomes-Why, When, Who and How?, Strasburger Health Law Counsel Series (October 2007)
- Medico-Legal Issues in Health Care for Diverse Populations, Texas Healthcare Diversity Summit (May 2007)
- Advanced Technology: Does it Advance the Ball? Electronic Charting and e-Discovery Seminar (March 2007)
- Communication, Disclosure, Litigation, and Juror Attitudes (February 2007)
- Ethics / Professional Development: Avoiding Liability and What to Expect if Litigation Ensues (November 2006)
- Do You Follow the Standards of Nursing Practice? (February 2006)
- HIPAA CLE Course (2004)
- Closing Arguments: Defendant's Perspective, Texas State Bar CLE Advanced Medical Malpractice Course (2002)
- A New Option - Periodic Payments and Texas Tort Reform, Health Industry Online Newsletter (April 2006)
- Physician "I'm sorry" Bills Continue to Spread, The National Law Journal (April 2007)