Scott Kiepen

Administrative Law

Assisted Living, Independent Living and Adult Day Health

False Claims Act

Fraud and Abuse, Stark, Anti-Kickback Counseling and Defense

Government Investigations

Home Health

Hospice

Litigation, Mediation, Arbitration

Managed Care

Medicare, Medicaid, Other Governmental Reimbursement and Payment

Pharmacies

Rehabilitation

Skilled Nursing Facilities (SNFs) and Long-Term Care Providers

For decades, Scott Kiepen has served long-term care, senior housing, and continuing care retirement providers. In an industry already known for intense regulatory scrutiny, post-acute care providers face a particularly challenging legal, financial, and operational landscape. Scott understands the unique issues and stressors this industry sector faces. Combined with his deep respect for the critical services his clients deliver, Scott’s expansive experience in the post-acute care space has made him counsel of choice for providers in California and throughout the country.

Scott’s representation spans virtually every aspect of post-acute care provider operations and any legal or regulatory issue they could face. Scott’s counsel includes matters concerning Changes of Ownership (CHOWs) and licensing and certification approvals, Medi-Cal and Medicare reimbursement, billing, sales and leases of facilities, survey management, transfer/discharge issues and appeals, abuse reporting and administrative appeals, fraud and abuse, medical staff and pharmacy issues, and other general operational matters.

Recognizing the urgency to his clients when concerns or questions arise, or when they find themselves in the crosshairs of regulators or others, Scott prioritizes responsiveness, quickly yet thoughtfully assessing a problem, and crafting the approach best suited to resolving it. He also works closely with his clients to develop and implement robust compliance programs that can minimize the likelihood of disruptive investigations, enforcement proceedings, or claims.

Equally at home in the courtroom as he is at his clients’ facilities or in regulators’ offices, Scott is a skilled litigator who leverages his deep understanding of post-acute care’s legal and practical nuances to consistently obtain favorable outcomes in both federal and state courts, as well as in administrative hearings against government agencies. He has represented providers in cases involving violations of the False Claims Act, anti-kickback law, business and contract disputes, medical malpractice and elder abuse cases, transfer trauma cases, Medicare and Medicaid reimbursement disputes, licensing and certification accusations, unfair competition law cases, Consumers Legal Remedies Act cases, and Medicare and Medicaid decertification matters.

Scott has built respectful and constructive relationships with regulators and government attorneys during his decades of practice. While he always stands ready to defend his clients’ interests, Scott also recognizes that open dialogue and persuasive reasoning often offer a more attractive, efficient, and cost-effective path toward resolution. As one client cited by Chambers USA expressed, Scott has a “mastery of the regulatory process, and how nursing facilities and providers interface with the California Department of Public Health, the CMS and the federal side. He is very articulate and personable, and skillful in the courtroom.” Another client stated, “Scott is at the top of his game.”

In addition to serving individual post-acute clients, Scott is an advocate for the entire industry, active in the associations that represent providers, regularly speaking on long-term care issues, and frequently contributing his comments and insights on proposed legislation affecting their interests.

American Bar Association, Health Law Section

American Health Lawyers Association, Post-Acute and Long Term Services Practice Group, Fraud and Abuse Practice Group

Advisory Council on Aging to the Contra Costa County Board of Supervisors, Past Member

California Association of Health Facilities, Member of GR Regulatory Subcommittee and GR Legal Subcommittee

California Society of Healthcare Attorneys

Pennsylvania Bar Association

San Francisco Bar Association

Golden Gate University School of Law, J.D., 1994

San Jose State University, B.A., 1988

- Daily Journal, Top Health Care Lawyers in California, 2021