Malcolm J. Harkins, III is a Partner in the Health Care Department. After founding and practicing law for almost fifteen years with the nationally known health care firm of Casson & Harkins, Mal joined Proskauer in 1992. He represents numerous institutional health care providers, including hospitals, nursing homes and pharmacies, as well as several state and national associations of health care providers. Mal also represents individuals and companies involved in managed care, home health care, congregate living facilities, therapy services and durable medical equipment. Finally, Mal represents a number of states on matters involving federal funding of the states’ Medicaid Programs and with respect to a variety of other matters involving the states’ relationships with the Federal government.
Mal has a unique perspective among health care lawyers because he learned the care delivery process literally from the ground up – from the nurses, administrators and facility operations personnel who deliver the hands-on care. This “grass roots” perspective enables Mal to shape legal and business strategies for his clients based on the real world significance of legal issues for his clients, as well as patients and care givers.
From the early stages of his career, Mal has had the opportunity to work with some of the most innovative, resourceful and dedicated people and companies in the health care industry. As a result, Mal has represented clients in an extremely broad variety of matters, including contested tender offers, acquisitions and dispositions of businesses, corporate restructurings, development and construction of new facilities, criminal proceedings, finance and bankruptcy actions, Medicare, Medicaid and private payment disputes, licensure and certification matters, corporate compliance, EMTALA investigations, residents’ rights litigation, False Claims Act and Qui Tam cases, neglect and abuse litigation and all types of quality of care disputes. Whether the matter is extremely complex, requiring detailed analysis of reams of data and involving hundreds of millions of dollars, or involves straight forward issues regarding the care of a single individual, Mal is known for meticulous preparation and for the ability to understand, marshal and articulate the critical details that advance his clients' interests.
Mal serves as an Adjunct Professor in the Department of Health Policy in the School of Public Health and Health Services and in the Department of Health Services Management and Leadership of The George Washington University. He also was the Practitioner in Residence at the Center for Health Law Studies, St. Louis University School of Law.
Mal has written and published numerous articles on a broad range of topics of interest to the health care industry, including, among others, managing and surviving the inspection process, securing appropriate payment, structuring health care joint ventures in compliance with federal and state laws, restructuring the health care company to succeed after health care reform and providing, documenting and defending quality of care. Mal often has been asked to speak to state and national professional societies and associations and to others involved in the health care field, including, among others, the American Health Lawyers Association, the American Academy of Hospital Attorneys, the American Medical Directors Association, the United States Department of Justice Nursing Home Abuse and Neglect Regional Conferences, the American Bar Association and the National Association of Medicaid Fraud Control Units and the Association of American Law Schools.