When your Wisconsin-based interests are at stake.

Timothy B. Caprez
Timothy B. Caprez
O’Neil, Cannon, Hollman, DeJong & Laing S.C.
111 E. Wisconsin Avenue
Suite 1400
Milwaukee, Wisconsin 53202
Phone: 414.276.5000
Fax: 414.276.6581

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Tim Caprez counsels and represents clients with respect to compliance and dispute resolution efforts in heavily-regulated industries and occupations, with a particular emphasis in complex healthcare and labor and employment issues. Licensed in Wisconsin and Illinois, Tim advises and litigates on behalf of entities and individuals in relation to a wide variety of corporate governance, transactional and employment and personnel management matters.

Tim Assists Clients With

  • Business litigation and contract enforcement
  • Healthcare fraud and abuse avoidance and litigation
  • Employment guidelines and discrimination litigation
  • Corporate and healthcare governance and compliance policies and plans
  • Professional and executive employment arrangements
  • Healthcare provider risk management, including medical staff and patient care issues
  • Investigations and licensure-adverse actions of public and private licensing bodies
  • Traditional labor law matters, including work jurisdiction, collective bargaining, organizing campaigns, grievances and personnel board hearings, ULP issues and labor relations board proceedings
  • Structuring and negotiating joint ventures and asset purchase agreements
  • Document and records retention and transfer policies and arrangements
  • Billing and reimbursement protocols and disputes
  • Commercial contracting efforts, including supply and distribution arrangements
  • Compliance with zoning and land use laws

Awards/Distinctions

  • Outstanding Subcommittee Chair, American Bar Association, Section of Litigation, Health Law Litigation Committee, 2009–2010
  • 2009 Wisconsin Super Lawyers Rising Star, Law & Politics and Milwaukee Magazine
  • Co-Chair, Milwaukee Bar Association Section of Health Law (2008–present)
  • Editor, American Bar Association, Section of Litigation, Health Law Litigation Committee Newsletter (2009–present)

Examples of Tim’s Recent Client Work

  • Obtained arbitration award entitling hospitals to multi-million dollar commercial insurance payor reimbursement of medical services and devices in dispute.
  • Represented limited liability company consisting of multiple independent physician practice members at all levels of engagement with major provider network resulting in the formation of multi-million dollar ambulatory surgery center joint venture.
  • Participated in the representation of group healthcare defendants defeating commercial insurance payor’s AAA arbitration claims seeking antitrust damages in excess of a quarter billion dollars and substantially reduced prospective reimbursement rates.
  • Structured entirety of diagnostic imaging clinic’s compliance policies, including policy manual materials detailing summaries of applicable laws and practice standards and procedures regarding legal compliance matters, confidentiality issues and business conduct; created extensive HIPAA Privacy and Security Policies and Procedures manuals specifically tailored to clinic’s size and operations.
  • Obtained federal court summary judgment in favor of hospital clients in qui tam action alleging violations of anti-kickback laws, false claims and “whistleblower” protection statutes.
  • Assisted group of independent physician practices form LLC, purchase multi-million dollar interest in an existing LLC owned by large provider network and form new ambulatory surgery center joint venture with network for the purposes of owning and operating the facility.
  • Prepared legal memoranda and compliance analyses for business plan and private placement memorandum proposal of national teleradiology network, including exhaustive discussion of federal and state laws and regulations regarding legal issues implicated by projected business operations, including: licensure restrictions, corporate practice of medicine and fee-splitting prohibitions, medical malpractice and liability issues, Medicare/Medicaid and commercial payor reimbursement matters and anti-kickback restrictions and self-referral prohibitions.
  • Litigated alleged breach of professional employment agreement in federal court on behalf of medical clinic against physician resulting in favorable settlement of clinic’s six-figure claims under the agreement’s liquidated damages provision.
  • Enforced executive employment agreement through pre-litigation negotiation and settlement efforts to obtain disputed severance benefits for terminated corporate executive from prior employer.
  • Participated in successful response and representation of physician hospital organization in multi-year FTC investigation of contracting and clinical integration efforts.
  • Obtained dismissals of employment discrimination and FMLA complaints filed by clients’ former employees.
  • Successfully appealed and obtained reversal of commercial insurance payor’s denial of physician credentialing and network participation.
  • Represented Taft-Hartley Fund clientele in federal court lawsuits and pre-litigation collection efforts resulting in cumulative, multi-million dollar recoveries on an annual basis.

Speeches and Publications

  • Editor, American Bar Association, Section of Litigation, Health Law Litigation Committee Newsletter, Volume 8, No. 2, Spring/Summer 2010.
  • Editor, American Bar Association, Section of Litigation, Health Law Litigation Committee Newsletter, Volume 8, No. 1, Winter 2010.
  • Presenter,“Supervisor Training: Successfully Managing a 21st Century Workforce,” Illinois Chamber of Commerce, May 2009.
  • Quoted In:“Hospital Management Benefits From Transparent, Communicative Culture,” Credentialing & Peer Review Legal Insider, June 2008.
  • Quoted In:“A Graduated Discipline Policy Can Boost Procedural Compliance,” Credentialing & Peer Review Legal Insider, April 2008.
  • Quoted In:“Be Prepared to Scrutinize All Privilege Requests During Reappointment Process to Comply with Regulation,” Credentialing & Peer Review Legal Insider, April 2008.
  • Presenter,“Peer Review Protection Basics,” Wisconsin Association of Medical Staff Services, Spring Conference, April 2008.
  • Co-Author,“Med Spa Regulations Compendium,” American Law Firm Association International, Wisconsin Section, September 2007.
  • Presentation Co-Author,“And You Thought HIPAA Was a Pain In The Neck: What The New Federal Rules of Electronic Discovery Mean for You and Your Health Care Institution,” American Law Firm Association International Healthcare Conference, September 2007.
  • Presenter,“Regulatory, IP and Third-Party Payment Issues for Medical Device Entrepreneurs,” Wisconsin Technology Council’s Wisconsin Entrepreneurs’ Conference, June 2007.
  • Presentation Co-Author, “Hiring Hall Rules and the Union Referral Procedure,” Iron Workers International Attorneys’ Conference, March 2004.

Professional Associations

  • Member, Milwaukee Bar Association
  • Member, Illinois State Bar Association
  • Member, Wisconsin Bar Association
  • Member, American Bar Association
  • Member, American Health Lawyers Association
  • Member, National W Club

Admissions

  • Illinois State Bar
  • Wisconsin State Bar
  • United States District Court, Northern District of Illinois
  • United States District Court, Eastern District of Wisconsin
  • United States District Court, Western District of Wisconsin
  • United States Court of Appeals Seventh Circuit