Kevin E. Raphael

Partner

Phone: (215) 988-1442
Fax: (215) 981-0082
E-mail: KER@Pietragallo.com

KEVIN E. RAPHAEL is a partner of Pietragallo Gordon Alfano Bosick & Raspanti, LLP and Co-Chair of both the Health Care Practice Group and the Government Enforcement, Compliance, and White Collar Litigation Practice Group. He resides in the firm’s Philadelphia office. Mr. Raphael routinely practices in the areas of health care, white collar criminal defense, complex commercial disputes, and frequently counsels educational institutions, medical facilities and employers on how to respond to allegations of sexual misconduct.

Mr. Raphael served as an Assistant District Attorney for the Philadelphia District Attorney’s Office from 1995 to 2001. For several years, as a member of the Family Violence and Sexual Assault Unit, Mr. Raphael was responsible for investigating and prosecuting sexual assaults on minors and on young adults, and was the Office's primary prosecutor of child pornography offenders. Mr. Raphael received law enforcement training concerning the investigation and prosecution of sexual assaults and child pornography offenses. He authored a chapter, "Risk of the Internet," in Child Maltreatment: A Clinical Guide and Reference

Mr. Raphael represented a Fortune 100 Internet Service Provider on its compliance and reporting obligations under Federal, State, and International law, concerning the discovery of child pornography possessed on the internet. Mr. Raphael frequently counsels a variety of institutional clients, including medical facilities, educational institutions and corporations, concerning the investigation of, and response to, allegations of sexual misconduct. In addition, Mr. Raphael provides training and compliance advice to educational facilities concerning Title IX and Clery Act compliance. Mr. Raphael conducts investigations for educational institutions pursuant to Title IX obligations as well as internal investigations in response to allegations that an institution's policies and procedures were inadequate.

Mr. Raphael has handled a wide variety of white collar criminal cases across the country, including Health Care Fraud, Medicare and Medicaid Fraud, Food and Drug Administration (“FDA”) criminal investigations and public corruption cases. His clients include individual corporate employees, small businesses, including those in the health care industry, and licensed professionals, including health care providers and their practices.

Mr. Raphael routinely represents health care entities and providers in civil litigation, such as: the defense of RICO and fraud suits; overpayment, billing, and reimbursement disputes; Recovery Audit Contractor ("RAC") disputes and Medicaid Integrity Program ("MIP") audits; Medicare appeals; and issues involving non-competes, restrictive covenants, and other business disputes. He also litigates a broad range of other civil matters including contract actions, employment disputes and allegations of statutory or common law fraud. He represents licensed professionals before licensing boards, credentialing committees, privileging committees and other administrative entities.

Mr. Raphael has significant experience reviewing, negotiating and drafting employment, shareholder and partnership agreements for clients in the health care industry. He advises clients on consulting agreements with pharmaceutical and DME companies, as well as other transactional matters.

Mr. Raphael has been selected as a Pennsylvania Super Lawyer for 2010, 2011, 2012, 2013, and 2014 in the area of Health Care. Previously, he was selected as a Pennsylvania Super Lawyers Rising Star for 2005, 2006 and 2007 in the area of White Collar Criminal Defense. In addition, LexisNexis® Martindale-Hubbell® recognizes Mr. Raphael as an AV® Preeminent™ rated attorney, the highest such rating available to any individual lawyer in both legal ability and ethical standards.

Mr. Raphael was appointed to a three year term as a hearing officer for the Disciplinary Board of The Supreme Court of Pennsylvania.

He is on the Board of Directors, and served for a number of years as president, of Northwest Victim Services, a non-profit organization providing counseling and advocacy services to victims of crime.

Mr. Raphael is a member of the American, Pennsylvania and Philadelphia Bar Associations. He is also a member of the American Health Lawyers Association; he was recently appointed to serve as Vice Chairman for the Education, Fraud, and Abuse Practice Group. In addition, he is a member of the Health Care Compliance Association, the National Association of Criminal Defense Lawyers and the Pennsylvania Association of Criminal Defense Lawyers.

Mr. Raphael speaks and writes extensively on white collar and health care litigation issues, including fraud and abuse and compliance. Mr. Raphael serves as an Adjunct Professor of Health Law at Widener University School of Law.

Mr. Raphael received his J.D., cum laude, from the State University of New York at Buffalo Law School. He earned his B.A., magna cum laude, from St. Lawrence University where he was Phi Beta Kappa.

Speaking Engagements

"Lessons Learned in Litigation," PBI's Representing Colleges and Universities (Philadelphia, PA), April 4, 2014

"Sexual Misconduct Allegations in a Healthcare Setting: Views From Both Sides," PBI's Health Law Institute (Philadelphia, PA), March 13-14, 2014

"Sexual Misconduct: Creating Safe Environments and Avoiding Employer Liability," American Law Institute CLE (Philadelphia, PA), December 17, 2013

“Entering the Practice of Medicine: Eyes Wide Open Legal and Regulatory Issues in an Evolving Health Care Environment,” (New York, NY), December 7, 2013

“Entering the Practice of Medicine: Eyes Wide Open Legal and Regulatory Issues in an Evolving Health Care Environment,” (Philadelphia, PA), September 17, 2013

"Confidentiality and Behavioral Health: Current Limitations on the Mental Health Procedures Act Confidentiality Provisions and the Patient Psychotherapist Privilege - What to Know to Avoid Potential Liability," PBI's 19th Annual Health Law Institute (Philadelphia, PA), March 12-13, 2013

"Allegations of Sexual Misconduct in a Post-Sandusky World: What Educational Institutions And Employers Must Know," Philadelphia Bar Institute (Philadelphia, PA), February 14, 2013

"Introduction to Health Care Fraud and Abuse," AHLA Fraud and Abuse Practice Group Boot Camp Webinar (Philadelphia, PA), February 13, 2013

“Entering the Practice of Medicine: Eyes Wide Open Legal and Regulatory Issues in an Evolving Health Care Environment,” (Boston, MA), January 17, 2013

"Investigating Allegations of Sexual Misconduct: The Criminal, Civil and Administrative Considerations for Educational Institutions and Employers," ABA White Collar Crime Mid-Atlantic Region: CLE Event and Networking Reception (Philadelphia, PA), November 8, 2012

"What You Need to Know About Compliance Programs" and "Defending Fraud and Abuse Matters: Conducting Internal Investigations and Responding to Subpoenas, Search Warrants and Other Information Requests," PBI's Understanding the Basics of Fraud & Abuse in the Health Care Industry CLE (Philadelphia, PA), July 26, 2012

"Collateral Consequences of White Collar Prosecutions of Professionals," ABA White Collar Crime Committee's Philadelphia Young Lawyers' Division CLE Program (Philadelphia, PA), July 11, 2012

“Defending Against Fraud and Overpayment Actions By Insurance Companies: Emerging Theories of Defense,” PBI’s 18th Annual Health Law Institute (Philadelphia, PA), March 14, 2012

“Entering the Practice of Medicine: Eyes Wide Open Legal and Regulatory Issues in an Evolving Health Care Environment,” (Philadelphia, PA), February 1, 2012

“Part I: Fraud Healthcare Primer,” AHLA Healthcare Fraud and Abuse Bootcamp Webinar Series, January 17, 2012

“Entering the Practice of Medicine: Eyes Wide Open Legal and Regulatory Issues in an Evolving Health Care Environment,” (Boston, MA), January 12, 2012

“Entering the Practice of Medicine: Eyes Wide Open Legal and Regulatory Issues in an Evolving Health Care Environment,” (Houston, TX), December 6, 2011

“Entering the Practice of Medicine: Eyes Wide Open Legal and Regulatory Issues in an Evolving Health Care Environment,” (Las Vegas, NV), December 1, 2011

"Crimes and Misdemeanors: The Intersection of Health Care Fraud and Rules of Professional Conduct," Pennsylvania Bar Institute "A Day on Health Law" (Philadelphia, PA) October 19, 2010

"Times They Are A'Changing – Hot Topics In Contracting and Litigation With Private Health Insurance Companies," PBI's 16th Annual Health Law Institute (Philadelphia, PA), March 11-12, 2010

"Crimes and Misdemeanors: The Intersection of Health Care Fraud and Rules of Professional Conduct," PBI's 16th Annual Health Law Institute (Philadelphia, PA), March 11-12, 2010

"The Mechanics of Pennsylvania Civil Procedure," National Business Institute, (Philadelphia, PA). December 18, 2009

"Self-Disclosure and the Ethical Duties of a Health Lawyer (ETHICS)", PBI's 15th Annual Health Law Institute (Philadelphia, PA), March 13, 2009

“We PREEMPT Our Regularly Scheduled Program to Bring You This Special Event…Duty To Warn and Preemption”, 15th Annual Health Law Institute (Philadelphia, PA), March 12, 2009

“Product Classification under the United States Food Drug and Cosmetic Act: Food, Dietary Supplement, Cosmetic, Drug, Medical Device or Combination?” 14th Annual Health Law Institute, (Philadelphia, PA), March 2008

“Hot Topics in FDA Law: Compounding, Duty to Warn, Post Market Risk Issues, and Future Direction,” 14th Annual Health Law Institute, (Philadelphia, PA), March 2008

"Use of Non-FDA Approved Drugs and Off-Label Promotion: Criminal and Civil Risks to a Provider," Teleconference, Progressive Business Audio Conferences, January 8, 2008

"The Criminal and Civil Risks to a Provider of Using Non-FDA Approved Drugs and Devices," A Day on Health Law, Pennsylvania Bar Institute (Philadelphia, PA), October 16, 2007

"Criminal Defense: Pretrial Success," National Business Institute (Philadelphia, PA), August 16, 2007

"The Criminal Defense Trial from Start to Finish," National Business Institute (Philadelphia, PA), April 30, 2007

"The Criminal and Civil Risks to a Provider of Using Non-FDA Approved Drugs and Devices," 13th Annual Health Law Institute, Pennsylvania Bar Association (Philadelphia, PA), March 2007

"Off-Label Marketing of Prescription Drugs and Devices, the False Claims Act, and the Impact of Medicare Part D," ABA Health Law Section 8th Annual Conference on Emerging Issues in Healthcare Law (Orlando, FL), February 22, 2007

“The Wolf in the Woods: The Threat of Private Payor Claims During, or After, a False Claims Act Case,” 12th Annual Health Law Institute, Philadelphia Bar Institute (Philadelphia, PA), March 15, 2006

"To Plea or Not To Plea: Negotiating with the Government," For the Experienced: The Ultimate Criminal Law CLE, Pennsylvania Association of Criminal Defense Lawyers (Philadelphia, PA), October 29, 2005

 

Kevin  E. Raphael Portrait

PRACTICE AREAS

NEWS

PUBLICATIONS

BAR ADMISSIONS

Pennsylvania

New Jersey

U.S. District Court - Eastern District of Pennsylvania

U.S. District Court - New Jersey

EDUCATION

J.D., cum laude, SUNY Buffalo School of Law

B.A, magna cum laude, St. Lawrence University

REPRESENTATIVE CASES

State Farm Mutual Automobile Insurance Co. v. Ficchi, Civil Action No. 10-555, 2011 WL 2313203 (E.D. Pa. June 13, 2011)

Sternberg v. Nanticoke Memorial Hosp., Inc., 15 A.3d 1225 (Del. 2011)

American Bd. of Internal Medicine v. Oni, Civil Action No. 10-CV-2679, 2010 WL 3860444 (E.D. Pa. Sept. 30, 2010)

United States et al. v. Christiana Care Health System et al., Civ. No. 05-344 (D. Del., 2010)

Sternberg v. Nanticoke Memorial Hosp., Inc., 2009 WL 3531791 (Del. Super. Ct. 2009)

Division of Alcoholic Beverage Control v. MAG Entertainment, LLC, No. A-2282-07T3 (N.J. App. Div. 2008)

United States v. Burns, 280 F. Supp. 2d 325 (D. Del., 2003)

MAG Enter. Inc. v. Pa. Liquor Control Bd., 806 A.2d 521 (Pa. Commw. Ct., 2002)

United States v. Brodie, 174 F. Supp. 2d 294 (E.D. Pa., 2001)

United States v. Brodie, No. Crim. 00-CR-629, 2001 WL 1159756 (E.D. Pa., Aug. 11, 2001)