People

Marcia Augsburger, a partner in our FDA and Life Sciences and Healthcare practices, handles investigations, complex litigation, and appeals involving fraud and abuse, unfair business practices, contracting and constitutional issues. Informed by her litigation experience and certified in compliance and privacy, Marcia assists clients with risk assessment and management, contracting and reimbursement, website terms and notices, and compliance programming. Marcia’s clients include hospital systems, billing and data companies, and telehealth, telemedicine, ancillary, long-term care and other providers.

Marcia provides day-to-day guidance to her healthcare clients on reimbursement issues, from billing and coding to managed care recoveries, and on regulatory compliance, including corporate practice of medicine, federal and state anti-kickback, fee-splitting and Stark related laws, telehealth and telemedicine, HIPAA and state privacy laws. She assists her clients with assessing and managing risk, investigating compliance concerns, developing programming, and creating tools for the workforce and executives. She provides her clients with policies, procedures, contracts and notices based on her clients' operations, including website terms of use and privacy notices. Marcia assists her hospital clients with investigations, audits, surveys, responses to notices of correction, and payment denials, particularly on coding, billing, and clinical documentation issues.

In litigation, Marcia represents clients in qui tam, class action, and other complex and coordinated lawsuits and appeals involving alleged false claims, unfair or improper coding, billing, documentation, payment and business practices, medical necessity and other coverage issues, products and professional liability, defamation, conflicts of interest, partnership and joint venture arrangements, physician contracts and hospital construction.

In addition to her work with clients, Marcia serves as an arbitrator for the American Health Lawyers Association’s Alternative Dispute Resolution Service and has served as a judge pro tem for the County of Sacramento, California.

Marcia is a frequent speaker and published author on topics such as false claims act issues, HIPAA, state privacy laws, medical records, eDiscovery, arbitration, healthcare litigation, consumer-directed healthcare and women in the law.

Full Bio

Credentials

California

Top Lawyers - Health Care


Sacramento Magazine, 2019

HIPAA privacy expert in the healthcare field. "An exceptional attorney of the highest caliber."


Legal 500

California Super Lawyer


Super Lawyers, 2009–2019

Best of the Bar


Sacramento Business Journal, 2015

Top Women Attorneys in Northern California


San Francisco Magazine, December 2015

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Recognition

Top Lawyers - Health Care


Sacramento Magazine, 2019

HIPAA privacy expert in the healthcare field. "An exceptional attorney of the highest caliber."


Legal 500

California Super Lawyer


Super Lawyers, 2009–2019

Best of the Bar


Sacramento Business Journal, 2015

Top Women Attorneys in Northern California


San Francisco Magazine, December 2015

News

In the News · Source: Sacramento Business Journal

April 6, 2018
Sacramento Business Journal profiles Marcia Augsburger

In the News · Source: Bloomberg Law: BNA's Health Law Reporter

April 5, 2018
Marcia Augsburger quoted on the California price-capping law

View all

Matters

Lead counsel in Eden Twp. Healthcare Dist. v. Sutter Health et al., 202 Cal. App. 4th 208 (2011) in case of first impression that avoided forfeiture of $350 million hospital building, based on alleged impermissible financial interests under California Government Code Section 1090, and prevailed on motion for attorneys’ fees in subsequent landmark appeal, Eden Twp. Healthcare Dist. v. Eden Med. Ctr., 220 Cal. App. 4th 418 (2013).

Lead counsel in equal protection case challenging award of contract which then-Governor Wilson cited as a seminal case governing public contracting in California, Monterey Mechanical Co. v. Wilson, 125 Fed.3d 702 (9th Cir. 1997).

Lead counsel in case involving Medicare preemption and exhaustion issues where various tribunals found in favor of client, Prime Healthcare Services, Inc. and affiliated hospitals, against Kaiser Permanente Health Plan. Kaiser’s appeal is currently pending.

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Matters

Lead counsel in Eden Twp. Healthcare Dist. v. Sutter Health et al., 202 Cal. App. 4th 208 (2011) in case of first impression that avoided forfeiture of $350 million hospital building, based on alleged impermissible financial interests under California Government Code Section 1090, and prevailed on motion for attorneys’ fees in subsequent landmark appeal, Eden Twp. Healthcare Dist. v. Eden Med. Ctr., 220 Cal. App. 4th 418 (2013).

Lead counsel in equal protection case challenging award of contract which then-Governor Wilson cited as a seminal case governing public contracting in California, Monterey Mechanical Co. v. Wilson, 125 Fed.3d 702 (9th Cir. 1997).

Lead counsel in case involving Medicare preemption and exhaustion issues where various tribunals found in favor of client, Prime Healthcare Services, Inc. and affiliated hospitals, against Kaiser Permanente Health Plan. Kaiser’s appeal is currently pending.

Lead counsel and consultant for healthcare entities and systems including Sutter Health and Prime Healthcare Services, Inc. and related hospitals, medical groups, and IPAs and in contract and other business disputes that since 2000 resulted in recoveries for clients in the healthcare industry totaling more than $100 million.

Lead counsel for hospitals, hospital systems and clinics on OIG and HIPAA breach investigations, reporting, and productions, including representation of hospital system in OIG investigation involving coding, billing, and clinical documentation and decision-making.

Counsel to an insurance company, SeeChange Insurance, in licensing, contracting and regulatory matters in California.

Counsel to providers, data companies, clinical trials companies, ancillary providers, start-ups, HMOs, insurance companies and others on compliance, electronic medical records and HIPAA and development of compliance programs.

Counsel in several class actions and multiparty lawsuits and arbitrations involving hospital pricing and billing practices, Stark, anti-kickback, anti-fee-splitting laws, contracts, stop-loss, implants, lien rights, ERISA, unfair business practices and concerns arising under the federal and state constitutions — in particular, the First, Fifth and Fourteenth Amendments to the U.S. Constitution.

Trial and appellate counsel for corporations, inside and outside of California, in more than 20 trials and numerous arbitrations involving alleged unfair business practices, products liability, strict liability, breach of fiduciary duty, personal injury, employment law, breach of contract, business torts and real property disputes, including representation of Weider Health and Fitness in a seven-month jury trial involving fraud, real estate, construction and contract issues, franchise law and evidentiary issues.

News

In the News · Source: Sacramento Business Journal

April 6, 2018
Sacramento Business Journal profiles Marcia Augsburger

In the News · Source: Bloomberg Law: BNA's Health Law Reporter

April 5, 2018
Marcia Augsburger quoted on the California price-capping law

View all

Matters

Lead counsel in Eden Twp. Healthcare Dist. v. Sutter Health et al., 202 Cal. App. 4th 208 (2011) in case of first impression that avoided forfeiture of $350 million hospital building, based on alleged impermissible financial interests under California Government Code Section 1090, and prevailed on motion for attorneys’ fees in subsequent landmark appeal, Eden Twp. Healthcare Dist. v. Eden Med. Ctr., 220 Cal. App. 4th 418 (2013).

Lead counsel in equal protection case challenging award of contract which then-Governor Wilson cited as a seminal case governing public contracting in California, Monterey Mechanical Co. v. Wilson, 125 Fed.3d 702 (9th Cir. 1997).

Lead counsel in case involving Medicare preemption and exhaustion issues where various tribunals found in favor of client, Prime Healthcare Services, Inc. and affiliated hospitals, against Kaiser Permanente Health Plan. Kaiser’s appeal is currently pending.

See more
Icon close

Close

Matters

Lead counsel in Eden Twp. Healthcare Dist. v. Sutter Health et al., 202 Cal. App. 4th 208 (2011) in case of first impression that avoided forfeiture of $350 million hospital building, based on alleged impermissible financial interests under California Government Code Section 1090, and prevailed on motion for attorneys’ fees in subsequent landmark appeal, Eden Twp. Healthcare Dist. v. Eden Med. Ctr., 220 Cal. App. 4th 418 (2013).

Lead counsel in equal protection case challenging award of contract which then-Governor Wilson cited as a seminal case governing public contracting in California, Monterey Mechanical Co. v. Wilson, 125 Fed.3d 702 (9th Cir. 1997).

Lead counsel in case involving Medicare preemption and exhaustion issues where various tribunals found in favor of client, Prime Healthcare Services, Inc. and affiliated hospitals, against Kaiser Permanente Health Plan. Kaiser’s appeal is currently pending.

Lead counsel and consultant for healthcare entities and systems including Sutter Health and Prime Healthcare Services, Inc. and related hospitals, medical groups, and IPAs and in contract and other business disputes that since 2000 resulted in recoveries for clients in the healthcare industry totaling more than $100 million.

Lead counsel for hospitals, hospital systems and clinics on OIG and HIPAA breach investigations, reporting, and productions, including representation of hospital system in OIG investigation involving coding, billing, and clinical documentation and decision-making.

Counsel to an insurance company, SeeChange Insurance, in licensing, contracting and regulatory matters in California.

Counsel to providers, data companies, clinical trials companies, ancillary providers, start-ups, HMOs, insurance companies and others on compliance, electronic medical records and HIPAA and development of compliance programs.

Counsel in several class actions and multiparty lawsuits and arbitrations involving hospital pricing and billing practices, Stark, anti-kickback, anti-fee-splitting laws, contracts, stop-loss, implants, lien rights, ERISA, unfair business practices and concerns arising under the federal and state constitutions — in particular, the First, Fifth and Fourteenth Amendments to the U.S. Constitution.

Trial and appellate counsel for corporations, inside and outside of California, in more than 20 trials and numerous arbitrations involving alleged unfair business practices, products liability, strict liability, breach of fiduciary duty, personal injury, employment law, breach of contract, business torts and real property disputes, including representation of Weider Health and Fitness in a seven-month jury trial involving fraud, real estate, construction and contract issues, franchise law and evidentiary issues.

News

In the News · Source: Sacramento Business Journal

April 6, 2018
Sacramento Business Journal profiles Marcia Augsburger

In the News · Source: Bloomberg Law: BNA's Health Law Reporter

April 5, 2018
Marcia Augsburger quoted on the California price-capping law

View all

Credentials

California

Top Lawyers - Health Care


Sacramento Magazine, 2019

HIPAA privacy expert in the healthcare field. "An exceptional attorney of the highest caliber."


Legal 500

California Super Lawyer


Super Lawyers, 2009–2019

Best of the Bar


Sacramento Business Journal, 2015

Top Women Attorneys in Northern California


San Francisco Magazine, December 2015

Icon close

Close

Recognition

Top Lawyers - Health Care


Sacramento Magazine, 2019

HIPAA privacy expert in the healthcare field. "An exceptional attorney of the highest caliber."


Legal 500

California Super Lawyer


Super Lawyers, 2009–2019

Best of the Bar


Sacramento Business Journal, 2015

Top Women Attorneys in Northern California


San Francisco Magazine, December 2015