Risk Management In-House

Eric M. Henry

Pembroke Pines, FL *****

610-***-**** – ****.******.*****@*****.***

Professional Experience _ Southeast Environmental Services Delray Beach, FL

Legal Consultant Jan. 2022 – July 2024

Provide legal advice on a number of state, local, and municipal regulations regarding sewer flow and testing for a variety of clients meant to meet regulations given South Florida’s high-water table. Provide clients with regulatory testing requirements and parameters, stay abreast of changing requirements, provide on-site support during testing operations and prepare reports to regulatory agencies regarding same. The company owner passed away, thus my employment ended.

Caffrey Hill, PLLC (Remote) Hollywood, FL.

Advisory Counsel Mar. 2020 – Present Work has been focused on a variety of matters (regulatory / compliance, employment, transactional, marketing / labeling reviews, consumer products, data privacy and litigation, healthcare) assisting a virtual law firm and partners given the pandemic.

MEDNAX Services, Inc. Sunrise, FL.

Regulatory Counsel/Director of Compliance Oct. 2014 - Feb. 2020. Experience focused on health care regulatory, compliance and transactional matters as well as risk management, records and information management, litigation oversight (i.e., hiring and supervising outside counsel), investigations, marketing issues, privacy, healthcare MSO operations, employment issues, CPOM, and corporate structuring.

Goal-driven, in-house attorney and compliance and regulatory interpretation specialist with specific experience providing guidance regarding regulations such as the Anti-Kickback Statute, the Stark Law, the False Claims Act, OSHA regulations, DEA / state prescribing guidelines, telehealth statutes, marketing and promotional material review, Corporate Practice of Medicine requirements, Data Privacy (HIPAA, HITECH, CCPA, GDPR, TCPA, Medicare and Medicaid compliance, HITRUST Certification, PCI Certification, SOC controls), Sunshine Act, breach reporting, wage withholding laws and employment related issues, employee leave compliance, ADA, FMLA, compensation plans, etc., fraud and abuse laws, audits and risk management.

Tailored expertise in the areas of woman’s and children’s medicine, internal medicine, anesthesiology and radiology.

Reviewed marketing materials for FTC compliance regarding truthfulness, evidence basis, and deceptive or unfair practices.

Interacted with internal and external customers and regulators concerning regulatory / compliance and legal matters, including reviewing and responding to regulatory inquiries and investigations and enforcement actions. Provided guidance on restitution and amounts in overbilling disputes.

Assessed and advised on billing, reimbursement and claims issues, including issues under Medicare, Medicaid and commercial payer requirements, as well as state specific provisions. Provided guidance pertinent to corporate planning and structuring of transactions.

Interacted with the Quality Assurance department to facilitate performance improvement goals, meeting outcome measures and quality indicators for hospital-based providers and free-standing medical offices regarding value-based care initiatives.

Reviewed, drafted and revised various contractual arrangements and provisions to meet regulatory requirements and interpreted and monitored federal, state and local laws and the rulemaking process for applicability to Company operations.

Reviewed marketing and promotional materials for acquired practices, website claims, and targeted material sent to potential referral sources for regulatory compliance issues, revised material when necessary.

Provided guidance with regards to the Company’s telehealth initiatives, coverage and documentation issues, supervision requirements, electronic medical information technologies, including e-commerce, electronic health records and electronic medical communications.

Retained and supervised outside counsel regarding nuanced regulatory issues and in litigated disputes.

Compliance duties included assisting the Company with all activities related to the development, implementation, maintenance and oversight of an effective Compliance Program and the administration of privacy practices that promoted the protection and confidentiality of restricted, protected health information in accordance with applicable federal and state laws.

Advised Senior Management on data privacy (including GDPR), compliance, cybersecurity and privacy issues affecting the Company's strategic direction and provided consultative advice and services regarding corporate transactions and structure.

Updated and developed compliance policies and procedures, drafted employee training materials, ensured adherence with the Company’s Compliance Program, presented compliance related material to the Company’s Compliance Committee and Board of Directors, and provided guidance to stakeholders on compliance issues associated with corporate acquisitions and related due diligence processes.

Investigated and responded to purported violations of Company rules, policies and procedures, hotline reports and adverse clinical outcomes. Developed corrective action plans and reported incidents to applicable authorities when necessary.

Worked collaboratively with clinical staff and other Company departments (billing and coding, risk management, human resources, accounting, IT / IS, etc.) to address various issues and served as the point of contact for departments needing compliance assistance.

Developed annual compliance work plans and ensured timely completion of same. Facilitated provider and facility accreditation and researched such requirements when entering new markets.

DLA Piper, LLP Miami/Philadelphia

Associate Attorney Apr. 2004 – July 2014

Experience was focused on litigation, regulatory and compliance, advertising, transactional matters, and records and information management (RIM), for a wide variety of clients.

Provided guidance regarding regulations such as RESPA, FTC (unfair, deceptive, or abusive trade acts or practices and state equivalents), FCPA, Export Requirements, CPSC (Consumer Product Safety Commission), DHS, EPA, FCC, FDA, and FDIC (Truth in Lending).

Specific litigation experience in class action discovery, including e-discovery, factual case development, witness preparation, class certification, and litigation and settlement strategy for leading homebuilders in disclosure claims and chemical companies involved in hazardous material emissions.

Worked with for-profit colleges regarding allegations of deceptive marketing claims and promotional material targeting military veterans and GI Bill education benefits and private loans meant to assist the colleges with meeting the 90/10 rule in conjunction with Title IV education funds.

Engaged by various supplement manufacturers in lawsuits alleging product labeling claims did not meet laboratory testing of actual product ingredients vs. label statements. Reviewed various marketing materials for promotional claims and advertisement substantiation.

Reviewed marketing materials made by consumer product manufacturers for FTC compliance regarding truthfulness, evidence basis, and deceptive or unfair practices.

Uniquely positioned for a balanced view of public and private, US and multinational companies in designing and implementing risk-based compliance programs, including risk assessments, disclosure issues, drafting codes of ethics and related policies, and creating and implementing training programs.

Transactional experience representing clients negotiating sale and vendor agreements, import / export agreements, procurement agreements, 3rd party manufacturing agreements, distribution agreements, and lease agreements, to name a few.

Drafted and negotiated confidentially agreements, employment agreements, M&A documents, non-disclosure agreements, licensing agreements, healthcare provider agreements, “shrink-wrap” license agreements, beta test agreements, website terms and conditions, and business sale agreements.

Worked with leading international retailers to ensure manufacturer compliance with the FCPA, including drafting contractual provisions requiring that manufacturers comply with the retailer’s FCPA Policy, ensuring that all manufacturer employees are adequately trained on all applicable anti-bribery/anti-corruption laws, drafting provisions prohibiting employees from being involved with public office, setting up compliance hotlines for confidentially reporting violations of any anti-bribery/anticorruption laws to an external source, and developed internal accounting controls.

Assisted in the assessment of whether the supply of legal advice and other specified activities or financial transactions, including payments to and from sanctioned countries, might breach sanctions provisions.

Counseled clients on matters related to Federal Trade Commission regulations and consumer protection statutes, including promotional claims, advertisement substantiation, compliance with the Textile Products Identification Act, Care Labeling Rule, Made in USA guidance, and FTC Jewelry issues.

Advised clients regarding compliance with the Federal Food, Drug, and Cosmetic Act, proper food labeling and the development of Good Manufacturing Practices and associated policies and procedures.

Coordinated client activities and responses related to CPSC recalls and Section 15 reporting, FDA medical device registration and recalls, compliance with consumer product regulations (CPSIA / California Prop. 65), and federal agency rulemaking procedures.

Worked with a leading pharmaceutical company on regulatory, compliance, and GCP matters related to data integrity investigations, clinical trial protocol adherence, and new product development.

MILITARY EXPERIENCE

United States Marine Corps Reserve 1997 – 2005

PRO-BONO EXPERIENCE

Founder – Serving Those Who Served Our Country 2011 - 2014

Founded pro-bono signature project for DLA Piper’s Philadelphia office serving veterans with housing assistance, disability claims and appeals, landlord tenant issues, VA benefit complications and discharge upgrades. Expanded project to include monthly clinics where DLA attorneys would meet with veterans at the Philadelphia VA Medical Center to provide legal advice on a variety of issues (non-criminal).

Served as a liaison and mentor to the Philadelphia Veteran’s Court population.

Advisory Attorney – United Nations Mission in Kosovo 2007 - 2010

Worked sporadically in Pristina, Kosovo and Philadelphia with a working group revising Kosovo’s judicial system and ethics program for Judges.

Trained newly graduated law students in advocacy practices, oral argument skills and letter and motion writing techniques with proper legal support.

EDUCATION & ADMISSIONS

Villanova University School of Law, JD (Cum Laude) January 2004 (NJ/PA bar, FL House Counsel)

Special Projects Editor - Villanova Sports & Entertainment Law Journal

Editorial Board Achievement Award

University of Delaware, BA January 2000

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