Education:

Boston University School of Law, Boston, MA, J.D., 1973

California State University at Long Beach, Long Beach, CA, B.A., magna cum laude, 1970

Admissions:

Commonwealth of Massachusetts

United States District Court, District of Massachusetts

Affiliations:

American Bar Association

Massachusetts Bar Association

Boston Bar Association

American Health Lawyers Association

Presentations and Awards:

  • New England Super Lawyer, Health Care (2009)
  • Panelist, “State Enforcement Initiatives: Medicaid and Private Health Plan Insurance Fraud,” HCCA New England Local Annual Conference (2007)
  • Faculty, “Dealing with the New Board of Medicine Regulations,” Hospital & Health Care Law Conference, Massachusetts Continuing Legal Education (2007)
  • Panelist, State Enforcement and Medicaid Fraud Workshop, ABA Health Care Fraud Institute, New Orleans, LA (2007)
  • Moderator, “Developments in Medicaid Fraud Enforcement” workshop, ABA Health Care Fraud Institute, New Orleans, LA (2007)
  • Panelist, State Enforcement and Medicaid Fraud Workshop, ABA Health Care Fraud Institute, Fort Lauderdale, FL (2006)
  • Faculty, It’s Confidential – Privilege Law in Massachusetts, Massachusetts Continuing Legal Education (2006)
  • Panelist, “Avoiding the Consequences of Criminal Conviction for Corporations and Licensed Professionals,” Boston Bar Association, CLE Program (2003)
  • Faculty, The Latest in Health Care Fraud, Massachusetts Bar Continuing Legal Education (2003)
  • Faculty, Advocacy Before the Board of Registration in Medicine, Massachusetts Bar Continuing Legal Education (2003)

Articles:

SJC to Weigh Patient Privilege: Records of Psychiatrist Sought by Medical Panel

How to Respond to a Medical Records Audit  

Board of Medicine Regulations In Flux - Winter 2006 

A knock on your door: What does the government want from providers? Autumn 2006 

Responding to the Board of Medicine: Don't go it alone

Paul R. Cirel

Download Paul Cirel's vCard
617-371-1025
pcirel@dwyercollora.com

 

"Successful representation of any health care client requires experience and familiarity with the vast minefield of specialized prosecutors, government health care programs, licensing boards and other regulatory authorities. Most especially, success depends on anticipating the collateral consequences that every one of those agencies have with the others."

Paul Cirel is a partner at Dwyer & Collora, LLP concentrating his practice on health care. He represents individual practitioners, corporate providers and group practices.

Mr. Cirel has represented clients in matters ranging from fraud and abuse audits, investigations and prosecutions, to disciplinary actions and debarment proceedings. He also regularly appears before the Board of Registration in Medicine and other licensing authorities and represents physicians in peer-review proceedings.

He has been litigating in the health care arena for over 25 years, including service as Senior Trial Counsel and Deputy Chief of the Medicaid Fraud Control Unit in the Office of the Attorney General for the Commonwealth of Massachusetts.  Paul Cirel joined Dwyer & Collora in 1995.

Areas of Representation:

Mr. Cirel leads the firm’s health law practice group, representing a wide spectrum of providers in matters ranging from licensure and debarment proceedings to complex fraud and abuse litigation.  The group also provides individual and institutional providers, as well as trade associations, with ongoing guidance and counsel regarding developments in health law and regulatory compliance.

Recent Cases:

  • Successfully represented eight orthopedic shoe manufacturers/distributors in the Attorney General’s industry-wide investigation of Medicaid billing fraud and regulatory compliance.  All cases were resolved administratively, no criminal charges were brought, no civil complaints were filed and no fines or sanctions were imposed.
  • Successfully sued the Commonwealth of Massachusetts, including its Division of Health Care Finance and Policy and its Division of Medical Assistance, on behalf of the Massachusetts Ambulance Association and individual member companies to obtain higher rates of reimbursement for ambulance and chair car services.  As part of the settlement the companies not only received retroactive rate increases but the Commonwealth was also required to reimburse the Association for the legal fees expended in initiating and prosecuting the litigation.
  • Secured dismissal of all criminal charges brought against a chiropractic clinic in the course of the government’s crackdown on automobile accident insurance fraud.
  • Resolved, on behalf of a dental clinic, a two-year-long criminal grand jury investigation of Medicaid fraud.  No criminal charges were brought against the clinic or any of its principals or employees.  The clinic and its owner entered into a civil settlement agreement for restitution, but without the imposition of any fines, penalties or sanctions and with the express provisions for the owner and the clinic’s continued MassHealth program participation.
  • Won separate jury verdicts of not guilty on behalf of two psychiatrists, each of whom had been charged with sexually assaulting a patient.  In one of those cases, the Board of Registration brought a collateral administrative proceeding that also resulted in acquittal of all charges following a hearing before an Administrative Magistrate.
  • Won dismissal of all charges brought by the Board of Registration in Medicine against a psychiatrist who had prescribed controlled substances to two undercover state police troopers posing as patients.  Following the acquittal by the Administrative Magistrate, a separate criminal investigation was terminated.
  • Successfully defended a neurosurgeon who was accused by the Board of Registration in Medicine of performing over twenty unnecessary surgeries.  The Administrative Magistrate rendered a decision in the doctor’s favor regarding each of the surgeries, with specific findings that the Board’s expert witness was biased against worker’s compensation claimants and the neurosurgeon’s former partner – who had initiated the Board complaint – was motivated by greed and jealously.
  • Successfully represented a radiation oncologist in a peer review proceeding at a major Boston teaching hospital.  The physician’s clinical privileges had been revoked based on claims of substandard care by his Department Chief.  Following multiple days of hearing before a peer panel appointed by the hospital, the physician’s clinical privileges were restored.