Current Employment Position(s)

Partner

Lawyer Overview

Jim Poth has extensive experience in complex commercial litigation, particularly with matters affecting hospitals, physicians, and other providers in the health care field.

Jim has considerable litigation and prelitigation experience advising health care providers involved in payment disputes. Specifically, Jim has represented a number of hospitals and other health care providers in litigation and arbitration against payors in order to recover payment for health care services. That litigation and arbitration has included representation against health maintenance organizations, preferred provider organizations and networks, indemnity insurance, medical savings account providers, as well as plans covering individuals under the Medicare and Medicaid/Medi-Cal programs. Jim also has represented providers involved in disputes with other providers over financial responsibility for providing medical treatment.

In addition, Jim has advised hospitals and other health care providers on contract negotiations and contract enforcement. Jim frequently works in the context of managed care contracting and patient financial services departments, counseling and assisting on structuring contracts to produce efficient reimbursement mechanisms. Jim also has consulted with health care providers to identify underpayments and worked with payors to correct systematic problems.

Jim's practice extends to advising, counseling, and representing clients on the broad range of state and federal compliance issues affecting the health care revenue cycle. This experience includes issues concerning the Federal and California Anti-Kickback laws, Stark I and II regulations and compliance, Medicare Secondary Payor issues, and laws governing fair payment and billing practices. Jim also has worked with hospital organizations accused of violating the Fair Debt Collection Practices Act.

Areas of Practice

• Health Care
• Litigation/Health Care
• Trial Practice
• Airlines & Aviation

Representative Cases

• Anaheim Cath Lab v. UWMC Hospital Corporation, et al. (Cal. Sup. Ct., Orange Cty.)
• Arthur Carrasco, M.D. v. MedPartners, Inc. and The Talbert Medical Group, (Cal. Sup. Ct., Orange Cty.)
• Blue Cross of California v. Alvarado Hospital Medical Center, et al., AAA Arbitration
• Brockovich v. Vanguard Health Systems, Inc.; Brockovich v. HCA, Inc.; Brockovich v. Loma Linda University, (U.S.D.C., C.D. Cal.),
• Catholic Health Care West v. Blue Cross of California, JAMS Arbitratio
• Cedars-Sinai Medical Center v. PacifiCare (Cal. Sup. Ct., Los Angeles Co.)
• Desert Regional Medical Center v. PacifiCare (Cal. Sup. Ct., Orange Cty.)
• Doctors Medical Center Modesto, et al. v. Health Net Inc. et al., and related cross-claims
• Greater El Monte Hospital, et al. v. Molina, (AAA Arbitration)
• Linda Seibert et al. v. Tenet HealthSystem Hospitals, Inc. and Tenet Healthcare Corporation (U.S.D.C., E.D. Cal.)
• PacifiCare of California v. Valley Doctors Hospital, et al., AAA Arbitration
• Shaw v. Tenet HealthSystem Hospitals, et al., (U.S.D.C., C.D. Cal.)
• Southern California Medical Corporation, et al. v. Michael Maguire, M.D., et al. and Southern California Medical Corporation v. CareMore Medical Group, et al. [consolidated] (Cal. Sup. Ct., Orange Cty.)
• Tenet Healthcare Corporation v. Quest Diagnostics, Inc., American Health Lawyers Association Alternative Dispute Resolution Service
• Tenet HealthSystem Hospitals v. PacifiCare, JAMS Arbitration
• Tenet HealthSystem v. Kaiser Permanente, (Cal. Sup. Ct., Orange Co.)
• Tenet HealthSystem v. Medical Savings Insurance Company (Cal. Sup. Ct., Orange Cty.)
• United States Surgical v. Applied Medical Resources Corporation, et al., U.S.D.C. C.D. Cal.
• Whittier Hospital Medical Center v. Blue Shield of California, AAA Arbitration

West Practice Categories

Bankruptcy Litigation, Class Actions, Complex Litigation, Disability, Elder Law, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Food & Drug Administration, Health & Health Care Law, Hospital Law, International Trade Litigation, Litigation & Appeals, Medicare & Medicaid, Mental Health, Military & Veterans Appeals, Multidistrict Litigation, Nursing Home, Patent Litigation, Social Security -- Disability, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• California
• Pennsylvania

Education

• U of California - Hastings

Address

3 Park Plaza
Suite 1100
Irvine, CA 92614-2592

Phones

1.949.553.7586 (Business Phone)

Faxes

1.949.553.7539 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com