KEVIN E. RAPHAEL is 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 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 grand jury investigations and 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. Mr. Raphael also is often retained to conduct internal investigations. His clients include individual corporate employees, government agencies, publicly traded and privately held businesses, hospitals, DME companies, compound and specialty pharmacies, physician practices, and licensed professionals.
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, 2014, 2015, and 2016 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 has been appointed to two three-year terms 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; where he has served the past two years as Vice Chair of Educational Programming, AHLA 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, as well as educational institutions' Title IX responsibilities. Mr. Raphael also serves as an Adjunct Professor of Health Law at Widener University Delaware Law School.
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 in Phi Beta Kappa.
|Award name||Grantor||Date granted|
|Pennsylvania Super Lawyer||Super Lawyers Magazine||2016|
|Pennsylvania Super Lawyer||Super Lawyers Magazine||2015|
|Pennsylvania Super Lawyer||Super Lawyers Magazine||2014|
|Pennsylvania Super Lawyer||Super Lawyers Magazine||2013|
|Pennsylvania Super Lawyer||Super Lawyers Magazine||2012|
|Pennsylvania Super Lawyer||Super Lawyers Magazine||2011|
|Pennsylvania Super Lawyer||Super Lawyers Magazine||2010|
|Pennsylvania Rising Star||Super Lawyers Magazine||2007|
|Pennsylvania Rising Star||Super Lawyers Magazine||2006|
|Pennsylvania Rising Star||Super Lawyers Magazine||2005|
|AV® Preeminent™ Rated Attorney||LexisNexis||N/A|
|Partner||Pietragallo Gordon Alfano Bosick & Raspanti, LLP||2008 - Present|
|Association name||Position name||Duration|
|Disciplinary Board of The Supreme Court of Pennsylvania||Hearing Officer||N/A|
|Northwest Victim Services||Board of Directors||N/A|
|American Bar Association||Member||N/A|
|Pennsylvania Bar Association||Member||N/A|
|Philadelphia Bar Association||Member||N/A|
|American Health Lawyers Association||Member||N/A|
|National Association of Criminal Defense Lawyers||Member||N/A|
|Pennsylvania Association of Criminal Defense Lawyers||Member||N/A|
|Health Law Handbook||Sexual Misconduct in Health Care||2015|
|Pietragallo Firm Newsletter||Colleges/Universities Required Reporting of Sexual Misconduct Increased Under the Clery Act/Title IX||2013|
|Legal Intelligencer||Clery Reporting Obligations Amended and Title IX Investigative Duties Codified||2013|
|Firm Website||Summary Of Amendments To Clery Act, As Set forth In The "Violence Against Women Reauthorization Act Of 2013"||2013|
|Medicare and Medicaid Fraud and Abuse (Thomson West)||Investigations||2013|
|Firm Website||Patient Protection and Affordable Care Act Upheld||2012|
|Inside the Minds: Health Care Litigation Strategies||The Expanding Scope of, and Strategies for Health Care Litigation in the Fraud, Abuse, and Waste Arena||2011|
|Pennsylvania Bar Association Quarterly||Crimes and Misdemeanors: The Intersection of Health Care Law and Ethics||2011|
|Health Law Litigation newsletter (ABA)||Prosecution of Physicians for Off-Label Marketing of FDA Approved Drugs: an Emerging Trend||2007|
|Health Law Litigation newsletter (ABA)||Healthcare Providers' Use of Non-FDA Approved Drugs: A Treacherous Course Regardless of Intent||2007|
|Child Maltreatment: A Clinical Guide and Reference||Chapter 22: Risk of the Internet||2005|
|State University of New York at Buffalo School of Law||JD - Juris Doctor||1994|
|St Lawrence University||BA - Bachelor of Arts||1991|
|Higher Education Conference||Recent Litigation Updates||2016|
|Pennsylvania Bar Institute CLE||Understanding Pennsylvania Grand Jury Practice||2016|
|White Collar Conference||Updates in Qui Tam Litigation||2016|
|White Collar Practice Institute||Unsettled Times Ahead? The Memo on Individual Accountability for Corporate Wrongdoing and Health Care Matters||2015|
|Higher Education Institution Seminar||Title IX, Clery, VAWA: An Update||2015|
|2015 Fraud and Compliance Forum||The States' Perspectives: Strategies and Current Priorities for Combating Fraud, Abuse, and Waste||2015|
|PBI Program||Responding to Allegations of Sexual Misconduct||2015|
|PBI Program||Higher Education: Representing Colleges and Universities||2015|
|Commercial Litigation Institute CLE||Commercial Litigation Institute Panel||2015|
|Health Law Institute||Academic Medical Centers' Obligations Under Title IX||2015|
|PBI's Representing Colleges and Universities||Lessons Learned in Litigation||2014|
|PBI's Health Law Institute||Sexual Misconduct Allegations in a Healthcare Setting: Views From Both Sides||2014|
|American Law Institute CLE||Sexual Misconduct: Creating Safe Environments and Avoiding Employer Liability||2013|
|PBI's 19th Annual Health Law Institute||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||2013|
|Philadelphia Bar Institute||Allegations of Sexual Misconduct in a Post-Sandusky World: What Educational Institutions And Employers Must Know||2013|