Justan R. Shinkle

Justan R. Shinkle

Partner

Wichita

1551 N Waterfront Pkwy #100
Wichita, KS 67206

T: 316.291.9794
F: 866.347.1469

jshinkle@foulston.com

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Profile

Justan Shinkle is a partner in the firm, practicing extensively in the healthcare transactions and healthcare regulatory areas. He has devoted his professional career to the representation of clients doing business in the healthcare industry. He represents hospitals, including non-profit, governmental, and critical access hospitals, ambulatory surgical centers, physician medical practices, rural health clinics, adult care homes, home health agencies, hospices, pharmacies, and other healthcare providers.

Justan has developed long-standing relationships with healthcare clients and provides guidance and counsel on matters relating to operational, regulatory, reimbursement and compliance issues, including the Stark law, fraud and abuse, and physician compensation. Justan has participated in many healthcare and corporate transactions, including the development and syndication of hospitals and ASCs and the purchase and sale of hospitals, ASCs, physician practices, and other healthcare businesses. He also provides expertise concerning Medicare and Medicaid certification and reimbursement, provider-based billing, telemedicine, 340B prescription program, meaningful use, MIPS, and the Medicare Shared Savings Program.

Education

  • Washburn University (J.D., 2009)
    Dean’s Honors; Business and Transactional Law Certificate (with distinction); Washburn Law Journal
  • Washburn University (B.B.A. in Finance, 2006)
    summa cum laude

Admissions

  • Kansas (2009)
Community Involvement
  • American Heart Association, Board of Directors
  • Wesley Children's Foundation, Board of Directors
  • United Way Young Leaders, Member
  • Volunteer Big Brother, Big Sisters of Sedgwick County, 2009-2010
  • Junior Achievement In-Class Presenter, Junior Achievement of Wichita, 2010
  • Christ Church, Elder Board
Relevant Experience
  • Advised physicians, hospitals, and accountable care organizations regarding the Medicare Shared Savings Program.
  • Assisted hospitals, physician groups, and individual physicians in negotiating employment agreements, recruitment agreements, and independent contractor agreements. 
  • Successfully appealed numerous failed meaningful use audits.
  • Successfully consolidated two governmental hospitals, a first-of-its-kind transaction in Kansas.
  • Assisted non-profit hospitals in complying with, and responding to IRS audits regarding, 501(r) rules.
  • Represented institutional and individual healthcare providers in investigations and negotiations with the U.S. Department of Health and Human Services, Office of Inspector General, and the U.S. Attorney’s Office for the District of Kansas.
  • Advised and assisted healthcare providers with internal investigations related to Medicare and Medicaid reimbursement, false claims, the Stark law, the Anti-Kickback Statute, and other compliance matters.
  • Advised healthcare providers on Medicare certification and facility licensure.
  • Represented healthcare providers in RAC appeals.
  • Advised hospitals in development or acquisition of rural health clinics.
  • Prepared and negotiated self-disclosure under Stark law self-disclosure protocol (SRDP).
  • Assisted in responding to HRSA 340B audit, preparation of corrective action plan, and negotiation of manufacturer repayment settlements.
  • Many years of experience in advising institutional and individual healthcare providers with regard to the requirements of the Medicare and Medicaid anti-kickback statute, Stark law, civil monetary penalties, and Medicare Part A and Part B and Medicaid reimbursement rules and requirements.
  • Conducted educational programs as to the requirements and implications of the Stark law.
  • Speaker on various fraud and abuse issues before professional groups.
  • Assisted healthcare providers in reviewing billing and reimbursement issues, arranging audits, and determining the necessity and methodology for voluntary self-disclosure to governmental agencies.
  • Represented hospitals in acquisitions, consolidations, and affiliation arrangements.
  • Represented physicians in formation of accountable care organization.
Professional Memberships, Affiliations, and Honors
  • Kansas Bar Association
  • Wichita Bar Association
  • American Health Lawyers Association
  • Kansas Association of Hospital Attorneys, Board of Directors
  • Wichita Business Journal / Kansas Leadership Center Emerging Leader, 2017
  • Wichita Business Journal 40 Under 40 Honoree, 2018
  • Wichita Business Journal Pat Ayars Mentoring Award, 2018
  • Advance Kansas, Class of 2018
Presentations

2018

  • Physician Contract Negotiation (University of Kansas School of Medicine, Anesthesiology Residency Retreat)
  • Fraud and Abuse 101 (Foulston Siefkin LLP Health Law Institute) 
  • The Doctor Will See You Now: Recent Developments in Telemedicine (Foulston Siefkin LLP Health Law Institute)

2017

  • Compliance Gotchas and Emerging Risk Areas (Foulston Siefkin LLP, Health Law Institute)
  • MIPS, APMs, and other MACRAnyms: The Future of Quality (Foulston Siefkin LLP, Health Law Institute) 
  • Physician Contract Negotiation (University of Kansas School of Medicine, Anesthesiology Residency Retreat)
  • Physician Contract Negotiation (University of Kansas School of Medicine, Internal Medicine Residency Retreat)
  • Physician Contract Negotiation (University of Kansas School of Medicine, Pediatrics Residency Retreat)

‚Äč2016

  • Sixty-Day Overpayment Final Rule (Foulston Siefkin LLP, Health Law Institute)
  • What’s Hot: Healthcare Trends & Challenges Panel Discussion (Foulston Siefkin LLP, Health Law Institute)
  • Business and Planning Issues Affecting Doctors (Foulston Siefkin LLP, Summer Estate Planning Forum)
  • Ethics Minefields Created by the Yates Memo (Foulston Siefkin Ethics Seminar)
  • Physician Contract Negotiation (University of Kansas School of Medicine, Internal Medicine Residency Retreat)

2015

  • Physician & Hospital Contract Negotiation Strategies (Foulston Siefkin LLP, Health Law Institute)
  • Proposed Changes to Two-Midnights Rule & New Observation Status Rules (Foulston Siefkin LLP, Health Law Institute)
  • Physician Contract Negotiation (University of Kansas School of Medicine, Internal Medicine Residency Retreat)
  • “EHR Meaningful Use: Attestations, Audits, and Adjustments (Foulston Siefkin Kansas City Health Law Institute)

2014

  • Top Ten Regulatory Developments for Critical Access Hospitals (Great Plains Health Alliance, Annual Meeting)
  • EHR Meaningful Use: Attestations, Audits, and Adjustments (Foulston Siefkin LLP, Kansas Health Law Institute)
  • Settling Appeals of Denied Inpatient Hospital Claims (Foulston Siefkin LLP, Kansas Health Law Institute)

2013

  • CMS Giveth: New Revenue Sources for Physician Practices (Foulston Siefkin LLP, Health Law Institute)
  • Health Information Contracts: Legal Issues and Landmines (Kansas Health Information Management Association, Fall Meeting)

2012

  • Healthcare Reform: It’s Constitutional – Now What? (Foulston Siefkin LLP, Kansas Health Law Institute)
  • Recent Changes in Healthcare Law: Adult Care Facilities (Kansas Adult Care Executives, Annual Convention)
  • Accountable Care Organizations: The Final Rule (Wichita Association of Health Underwriters, Monthly Meeting)

2011

  • Accountable Care Organizations: The Final Rule (Kansas Adult Care Executives, Legal Symposium for Adult Care Executives)
  • Where’s the Money: What Providers Need to Know About Payment Reform (Foulston Siefkin LLP, Kansas Health Law Institute)
  • Accountable Care Organizations (ACOs): What Are They and How Will They Affect Us? (Kansas Adult Care Executives (KACE) Annual Convention)

2010

  • Overview of the New Health Care Reform Act: Patient Protection and Affordable Care and Health Care and Education Reconciliation Acts of 2010 ("PPACH") (Wichita Bar Association)
  • Top 10 Things You Need to Know About Health Care Reform (Foulston Siefkin Kansas Health Law Institute)
  • Confidentiality and Release of Information Issues: Use and Disclosure of Medical Records (Lorman Education Services Medical Records Seminar)
  • Overview of the New Health Care Reform Acts: Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010 (ACA) (Kansas Association of Risk and Quality Management Fall Conference)
  • Legal Issues and Landmines in Physician & Hospital Contracts (Foulston Siefkin Kansas Health Law Institute)
Publications

2017

  • Kansas Bar Association’s 2017 Annual Survey
    -Health Law Chapter, Co-author

2016

  • Kansas Bar Association’s 2016 Annual Survey
    -Health Law Chapter, Co-author

2014

2013

  • Kansas Bar Association’s 2013 Annual Survey
    -Health Law Chapter, Co-author

2012

  • Kansas Bar Association’s 2012 Annual Survey
    -Health Law Chapter, Co-author

2009

  • Chapter on Like Kind Exchanges
    -KBA Handbook, Kansas Real Estate Practice and Procedures