MARTIN T. DURKIN, JR. returned to Pietragallo Gordon Alfano Bosick & Raspanti, LLP after working as Associate Counsel for one of the leading integrated non-profit health systems in the United States. As Associate Counsel, Mr. Durkin assisted with physician practice acquisitions, physician employment agreements, physician services agreements, and a variety of other legal matters germane to the daily operations of the health system’s physician practice plan.
Mr. Durkin is a member of the firm’s Government Enforcement, Compliance, and White Collar Litigation Practice Group; Health Care; and Business/Corporate Practice Groups. He concentrates his practice in the areas of Health Law, White Collar Criminal Law, Corporate Law and Health Care Transactions.
Mr. Durkin represents health care entities and providers in matters that require analysis of federal and state fraud and abuse laws, such as the Stark and Anti-kickback statutes and regulations, the False Claims Act, and privacy of health care information.
He assists clients with conducting internal investigations and managing government disclosures involving violations of fraud and abuse laws, including medical necessity reviews and associated peer review proceedings. He also assists clients with establishing telemedicine practices and has been directly involved in advising several distinguished nonprofit health systems on the establishment and ongoing legal maintenance of their multi-jurisdictional telemedicine practices. As a result, he has extraordinary experience in the continued transformation of federal and state laws regulating telemedicine practices and telemedicine transactions.
Mr. Durkin represents several prominent health care and business clients as their outside general counsel, directly addressing or coordinating with other counsel responses to all legal matters on behalf of the client.
He regularly assists health care clients in consummating a variety of transactional matters, including negotiating and drafting asset purchase agreements, physician service agreements, medical directorship agreements, management services agreements, hospitalist agreements, employment and independent contractor agreements, locum tenens agreements, restrictive covenants, software license agreements and business associate agreements.
He also assists corporate business clients in negotiating and drafting transactional documents, such as stock purchase and asset purchase agreements, commercial leasing agreements, non-disclosure agreements, confidentiality and non-compete agreements, joint venture agreements, commercial sales agreements (manufactured goods), employment agreements, independent contractor agreements, shareholder agreements, and partnership agreements.
Mr. Durkin was appointed by the Disciplinary Board of the Supreme Court of Pennsylvania to serve as a Hearing Committee member and was reappointed by the Board to serve a second term and a third term through June 30, 2017. He previously served as a Board Member of the Allegheny County Sanitary Authority from 1999 through 2004. His public service also extends to his local community, having served on his church finance council and, more recently, as treasurer and then vice-president of a 501(c)(3) interscholastic ice hockey program.
He is a member of the American Bar Association, Pennsylvania Bar Association, Allegheny County Bar Association, American Health Lawyers Association, American Telemedicine Association, and the New York Bar.
"Telemedicine and the Legal Challenges That Keep Us From Building a Virtual Mayo Clinic," PBI's 23rd Annual Health Law Institude (Philadelphia, PA - March 7, 2017)
"Ohio House Bill 188," Ohio State Board of Medicine and UPMC AnywhereCare (February 10, 2016)
"Professionalism and Ethics," University of Pittsburgh Law School (Pittsburgh, PA - February 3, 2016)
"Telemedicine: Making the Business Case for Telemedicine- Exploring Different Delivery Models and Their Regulatory Consequences," American Health Lawyers Association (Webinar - June 23, 2015).
"Telemedicine: Overcoming Regulatory, Licensing, and Other Legal Hurdles?," American Law Institute - CLE Program (Pittsburgh, PA - January 29, 2015)
“Overcoming Legal and Regulatory Barriers to Telemedicine,” Allegheny County Bar Association - Health Law Section Meeting (Pittsburgh, PA - September 2014).
“Healthcare Fraud, Providers, Hospitals and the Affordable Care Act,” Moderator, Defense Research Institute (Washington, D.C. - July, 2014).
“Rules and Regulations Regarding the Performance of Off-Label Procedures,” Innovative Treatment Options for Chronic Pain Symposium (Pittsburgh, PA - March, 2014).
“Professionalism and Ethics,” University of Pittsburgh School of Law – Health Law Program (Pittsburgh, PA - January, 2014).
"Overcoming Legal and Regulatory Barriers in Telehealth," 5th Annual Health and 2nd Annual Telehealth World Congress (Boston, MA – July 2013).
“Legal Review of Healthcare Fraud and Abuse Laws,” Peripheral Nerve Stimulator Hands-On Pain Management Conference (Pittsburgh, PA - March, 2013).
“Ethics in the Law,” University of Pittsburgh School of Law – Health Law Program (Pittsburgh, PA - January, 2013).
“Off Label Use of Pharmaceuticals and Medical Devices, Sunshine Act Update,” (Pittsburgh, PA - August, 2012).
“Hey, Why Can’t I Attend that (Industry Sponsored) Program?,” Oncology Nursing Society’s Leadership Mentor Program (Pittsburgh, PA - July, 2012).
“Update on Telehealth and the Law,” UPMC / U.S. Steel Tower (Pittsburgh, PA - November, 2011).
“The New Age of Complex Business Valuation,” Pennsylvania Bar Institute 17th Annual Health Law Institute (Philadelphia, PA - March, 2011).