John T. Mulligan

John's practice is divided between the representation of general business corporations and the representation of healthcare providers.

John provides general corporate representation services for numerous general businesses in various industries. He has counseled various healthcare entities including long term care facilities.John regularly represents medical group practices both in their day to day operations and in specific transactions. He has represented numerous physicians and physician practices in their affiliation with or acquisition by hospital entities. He also represents dental practices, engineering practices, accounting practices, veterinarian practices, and law firms. He provides general corporate services to these clients including corporate governance issues, employment contract and shareholder agreement issues, hospital contract issues, mergers, sales and acquisitions, and retirement plan issues. He also provides various specialized healthcare law services. A large portion of John's practice involves the representation of hospital-based physician practices.

He is currently an Adjunct Professor at Case Western Reserve University School of Law. John served on active duty in the United States Navy from 1968-1971.

• U.S. Tax Court 
• U.S. District Court for the Northern District of Ohio

• Ohio State Bar Association
  • Member, House of Delegates 1986-1990
• Bar Association of Greater Cleveland
  • Trustee: 1978-1981
  • Chairman:
    • Young Lawyers Section 1977-1978
    • Law Day Committee 1977
    • Judicial Election Monitoring Committee 1999-2000
    • Health Law Institute 1987
  • Member of Three Disciplinary Trial Panels
• Trustee, Cleveland Metropolitan Bar Association Foundation 2010-present
• Member, Advisory Committee, Case Western Reserve School of Law International LL.M. program, 2005-2010
• Adjunct Professor, Case Western Reserve University School of Law 2010-present

2000 - Present

• “Patients Should Be Notified When Physician Leaves a Group Practice”, letter, American Medical News, November 13, 2000.
• “Issues Involving ‘Tail’ Professional Liability Insurance”, Cleveland Physician, August, 2002.
• “Dealing with Abusive Law Suits”, Cleveland Physician, September, 2003.
• “Asset Protection Strategies for Physicians”, American Bankruptcy Institute Journal, October, 2003.
• “Responding to Subpoenas and Other Requests by Lawyers for Health Information After HIPAA”, Cleveland Physician, November/December, 2003; Also published in American Pathology Foundation Review, Winter, 2003.
• “Notifying Patients of a Group Physician’s Departure”, Cleveland Physician, March/April 2004
• “Asset Protection Strategies for Physicians”, Group Practice Journal, American Medical Group Association, July/August 2004
• “The 10 Biggest Legal Mistakes Physicians Make in Establishing or Maintaining Qualified Retirement Plans”, appearing in The Biggest Legal Mistakes Physicians Make and How to Avoid Them, Fall 2004.
• “Liability Insurance Policies May Not Cover Contractually Assumed Indemnification Obligations”, American Art Therapy Association, Inc. Newsletter, Winter 2005.
• “Court of Appeals Decision: HIPAA Does Not Pre-Empt Ohio Law”, Cleveland Physician, May/June, 2006.
• “New Ohio State Medical Board Rules Governing the Termination of the Physician-Patient Relationship”, Northern Ohio Physician, November/December, 2006.
• “New Ohio State Medical Board Rules Concerning Sexual Misconduct”, Northern Ohio Physician, January/February, 2007.
• “Department of Health and Human Services Office of Inspector General Approves Hospital Proposal to Pay Physicians for Providing On-Call Emergency Coverage”, Northern Ohio Physician, January/February, 2008.
• “Re-Assessing Anesthesia Group Administration”, Anesthesia Business Consultants, Communique, Spring 2009.
• “Retention by Providers of Overpayments by Medicare or Medicaid Now Constitutes Violation of the Federal False Claims Act”, Northern Ohio Physician, March/April 2010.
• Co-Author: “The Practice’s Good Will v. The Physicians Right to Practice: How Well Do Noncompetition Agreements Hold Up?”, Diagnostic Imaging Intelligence Report, April 2010.
• “Risks and Issues in Treating Anesthesia Group Professional Staff as Independent Contractors”, Anesthesia Business Consultants, Communique, Summer 2010.
• “Practical Considerations in Converting Personnel from Independent Contractor Status to Employee Status”, Anesthesia Business Consultants, Communique, Summer 2010.
• "Issues Involving the Ownership, Retention and Storage of Patient records and the Notification of Patients When a Physician Leaves a Group Practice", Northern Ohio Physician, March-April, 2011.
• "HIPAA Audits are Coming: The Time to Prepare is Now", Ohio Society of Certified Public Accountants Voice, September 2011.
• "Physician supervision and scope of practice issues can create liability", Co-Author, RBMA Monthly Legal Update Digest February 2012.
• "Recent Developments Concerning HIPAA Audits and Penalties for Non-Compliance", RBMA Monthly Legal Update Digest May 2012.
• "False Claims Act: Potential Liability for Independent Contractors", RBMA Monthly Legal Update Digest June 2012.
• Co-Editor "Compliance Program for Physician Practices Tool Kit", American Health Lawyers Association, August 2012.
• "New Ohio Statute Effective March 22, 2013 Regarding Notice to Patients Upon Physician Termination", RBMA Monthly Legal Update Digest April 2013.
• "New Federal Regulations Require Material Changes to Notice of Privacy Practices", RBMA Monthly Legal Update Digest May 2013.

2000 - Present

• “Physician Unions: Pros and Cons”, American College of Osteopathic Physicians, Phoenix, Arizona, May 20, 2000.
• “HIPAA Overview”, Critical Issues for Pathologists and Laboratories, Chicago, Illinois June 2, 2001.
• “Practice Valuation and Physician Transition”, Pathology Services Associates National Retreat, Savannah, Georgia, February 8, 2002.
• “What It Takes to Develop A Teleradiology Practice”, Washington G-2 Reports, Atlanta, Georgia, May 16, 2002; “Multi-State Issues in Teleradiology”; Washington G-2 Reports, Atlanta, Georgia, May 17, 2002.
• “Helping Your Clients with HIPAA”, Cleveland, Ohio, January 9, 2003.
• “Liability Avoidance and Asset Protection”, University Hospitals of Cleveland Department of Medicine, January 27, 2003; also presented to Cleveland Academy of Medicine/NOMA, March 26, 2003.
• “Asset Protection”, University Hospitals of Cleveland Department of Obstetrics and Gynecology Grand Rounds, January 30, 2004.
• “Real Life Issues (And Their Solutions) Under the HIPAA Privacy Regulations”, Cleveland Bar Association Health Law Institute, April 29, 2005.
• “What Are Our Legal and Ethical Obligations to Our Clients As They Age”, Menorah Park Center for Senior Living, Laurel Lake Foundation, Beachwood, Ohio, November 4, 2005.
• “How to Successfully Structure Medical Imaging Transactions and Arrangements”, Washington G-2 Reports, Arlington, Virginia, September 17, 2007.
• “Hospital Acquisition of Private Medical Practices”, Hillcrest Hospital Department of Orthopedic Surgery, April 16, 2008.
• “Developments and Trends for Physicians & Physician Organizations”, Cleveland Metropolitan Bar Association Health Care Law Institute, May 1, 2009.
• “Developments Involving the Privacy and Security of Patient Information”, The Academy of Medicine of Cleveland & Northern Ohio, April 7 and 14, 2010.
• “The Role of the Accountant in Preventing Fraud and Abuse”, the Ohio Society of CPAs, Health Care Conference, Columbus, Ohio, November 18, 2010.
• “Legal Practice Structure Options For Ohio Attorneys”, the Cleveland Academy of Trial Attorneys, Cleveland, Ohio, March 16, 2011.
• "The Role of the Accountant in Preventing and Dealing with Fraud and Abuse in Physician Practices", Ohio Society of CPAs, Health Care Conference, November 16, 2011.
• "Physicians Selling to and Becoming Employed by Hospitals", The Ohio Society of CPAs Health Care Conference, Columbus, Ohio, November 7, 2012.

• “Ohio Super Lawyers” – Health Care Law 2005-2008
• “Best Lawyers in America” – Health Care Law 2008-2013
• "2012 Top Rated Lawyer" – Health Care Law, Martindale-Hubbell AV Preeminent Rating

• President, Cleveland Athletic Club, 1989-1990
• Chairman, Advisory Council, Catholic Counseling Center, Cleveland, Ohio, 1991-1994
• Trustee, Catholic Charities Services Corporation, Cleveland, Ohio, 1996-2003; Treasurer, 2003
• Trustee, The Woodruff Foundation, Cleveland, Ohio, 1995-2002
• Trustee, Laurel Lake Retirement Community, Inc., Hudson, Ohio, 1997-2009, Vice Chairman, 2000-2006; Chairman, 2006-2009
• Trustee, Cleveland Skating Club, Shaker Heights, Ohio, 1998-2004; President 2002-2004
• United Way of Greater Cleveland Investment Volunteer, 2010-present