vCard

Paul J. Giancola

Of Counsel
Biography

Paul Giancola’s practice is focused on healthcare compliance, transactions, and regulatory matters for healthcare organizations and physicians. These matters include: fraud and abuse compliance (False Claims Act, Stark Law, and Anti-Kickback Statute, Medicare billing and coding, and practice compensation structures), and responding to investigations (CMS, AHCCCS, commercial insurers, and the Department of Justice); business transaction structures and agreements  for joint ventures, management and/or professional services, and outpatient treatment facilities and ambulatory surgery centers; and, among other things, medical staff matters involving privileges and peer review, licensing board investigations, and HIPAA privacy and security compliance and investigations. He has often served as a mediator and arbitrator.

Credentials

Bar Admissions

  • Arizona
  • District of Columbia (inactive)
  • New York


Court Admissions

  • Supreme Court of Arizona
  • Supreme Court of New York
  • United States Court of Appeals, Ninth Circuit
  • United States District and Bankruptcy Court, District of Columbia
  • United States District Court, District of Arizona
  • United States District Court, District of New York


Education

  • Syracuse University College of Law (J.D., cum laude)
    • Executive Editor, Syracuse Law Review
    • Judicial Clerkship Recommendation
  • New York University (Certificate in Physical Therapy)
  • State University of New York at Stony Brook (B.S., Biology)
  • National Institute for Trial Advocacy Diploma
  • CPR Institute of Dispute Resolution, Certified Mediator
  • AHLA, Health Care Arbitration
Experience

Awards & Recognition

  • The Best Lawyers in America®, Health Care Law (2007-2025)
    • Phoenix Lawyer of the Year, Health Care Law (2018, 2020)
  • Chambers USA: America’s Leading Lawyers for Business®, Healthcare (2015-2024)
  • AZ Business Leader, AZ Business Leaders Magazine (2023)
  • American Bar Foundation, Fellow (2018)
  • American College of Trial Lawyers, Fellow (2004-present)
  • Top Rated Lawyers®, Health Care Law, Corporate Counsel Magazine (2012)
  • Southwest Super Lawyers®, Health Care (2007-2022, 2024)
  • Lawdragon Top 3000 Leading Lawyers in America (2010-2011)
  • Ranking Arizona: The Best of Arizona Attorneys, Alternative Dispute Resolution (2010-2011)
  • Arizona’s Top Lawyers, AzBusiness Magazine (2010)
  • Arizona’s Finest Lawyers

Representative Experience

Paul’s healthcare practice encompasses a wide range of legal services that are provided in a rapidly changing and highly regulated industry. These include:

  • Transaction compliance and counseling of fraud and abuse laws in mergers and acquisitions by hospitals and healthcare companies; designing and negotiating physician-hospital alignment arrangements; joint venture arrangements among healthcare providers; and buy-out agreements.
  • Defended and managed numerous audits and investigations of potential overpayments under the False Claims Act, Anti-Kickback Statute, EKRA, Sunshine Act, Stark Law and other fraud and abuse violations for laboratories, hospitals, and physician practices.
  • Advising on and making self-disclosures and negotiation of settlements and corporate integrity agreements with government agencies, such as Arizona’s AHCCCS OIG, DOJ, and the HHS OIG.
  • Medicare and Medicaid reimbursement counseling.
  • Advising and providing representation on medical staff matters for hospitals, healthcare plans, and physicians, including peer review, quality assurance, bylaws review, and fair hearings.
  • Privacy and security compliance, including counseling clients on HIPAA and HITECH; internal compliance audits; responding to numerous OCR investigations; and managing and reporting data breaches.
  • Regulatory and strategic counseling related to proposed business models.
  • Counseling senior living and post-acute care facilities, including skilled nursing facilities, assisted living facilities, home care, and hospice.
  • Serving as outside counsel for multi and single specialty physician groups, management companies, ambulatory surgery centers, and ancillary service providers.
  • Represented hundreds of physicians in all aspects of medical board licensing investigations.
  • Conducted hundreds of mediations and a dozen arbitrations.
  • Drafted healthcare legislation impacting tort reform, surprise medical bills, hospital satellite locations, and remote pharmacies.

Previous Professional Experience

  • O’Connor, Cavanagh, Anderson, Killingsworth and Beshears, P.A., Senior Member/Shareholder
  • Birnbaum and Manaker, P.C., Associate

Professional Memberships and Activities

  • Sandra Day O’Connor College of Law at Arizona State University, Adjunct Professor
    • Health Care Fraud Investigations & Litigation (2011-2023)
    • The Litigation Experience (2011-2015)
  • University of Arizona College of Medicine-Phoenix, Lecturer (2013-Present)
  • American Health Lawyers Association (1994-Present)
  • Arizona Association of Health Care Lawyers (1992-Present)
    • Board of Directors (2000-2023)
    • President (2003-2005)
  • State Bar of Arizona (1987-Present)
    • Civil Practice and Procedure Committee (1992-1995)
  • Tort & Insurance Law Journal, Associate Editor (1986-1989); Executive Editor (1990-1991); Editor-in-Chief (1991-1993)
  • Trial Lawyers Quarterly, Contributing Editor (1982-1988)
  • Syracuse University College of Law, Adjunct Professor of Law, Scientific Litigation (1985)

Community Involvement

  • Scottsdale Museum of Contemporary Art, Advisory Board (2007-2016), Member (2004-2016), Chair (2007-2010)
  • Scottsdale Cultural Council (2007-2011, 2013-2014)
  • Partnership for a Drug-Free America, Arizona Chapter Board of Directors (2006-2008)
  • Scottsdale Healthcare, Ethics Committee (1990-1993), Institutional Review Committee (1991-1994)

Representative Presentations and Publications