Scott C. Kessenick

Partner

Scott specializes in working with clients in the healthcare industry.  Scott’s expertise includes corporate structuring, acquisitions, “Friendly P.C.” arrangements, anti-kickback law, privacy law, and government reimbursement.  Scott routinely advises clients on California’s ban on the corporate practice of medicine.

Scott also represents clients in a variety of disputes, including contract, reimbursement, employment, and medical staff matters.  Scott has litigated in federal and state courts in California and New York, as well as various arbitration venues (including JAMS, AAA, and ADR Services).   

Scott’s client base is diverse and includes independent practice associations (IPAs), hospital medical staffs, not-for-profits, individual physicians, and technology companies. Outside of healthcare, Scott has extensive experience with accreditation law. 

Scott received his J.D. from Columbia Law School in 2010, and his B.A. in philosophy from the University of California, Santa Barbara in 2006.  Before joining Kessenick Gamma in 2013, Scott practiced as an associate in the New York office of Dechert LLP.  

Recent projects include:

  • Advising leading AI company on various healthcare regulatory issues related to its large language model (LLM). 
  • Representing the board of directors of an independent hospital on various matters, including the hospital’s termination of management services arrangement with third-party hospital system.  
  • Serving as outside general counsel to medical group of 300 employed physicians who staff multiple Bay Area hospitals.  
  • Routinely counseling and representing hospital medical staffs on a variety of issues, including peer review hearings.  
  • Representing psychiatry practice in sale to private equity backed organization in transaction valued at tens of millions of dollars.   
  • Routinely advising ambulatory surgery centers in capacity as outside general counsel.
  • Representing fertility practice in sale of practice to private equity backed organization in transaction valued at tens of millions of dollars.
  • Serving as outside general counsel to Bay Area based Independent Practice Association.  
  • Representing medical group in payment dispute with Medicare, including appellate process and subsequent litigation in federal court.  Obtained a complete victory. 
  • Representing a chain of urgent care centers in an acquisition by a national health system. 
  • An eight-month stint serving as interim general counsel to major Bay Area Independent Practice Association with 2700 affiliated providers, an affiliated Knox-Keene licensed health plan, affiliated medical group, and wholly owned MSO with over 200 employees. 
  • Representing Knox Keene licensed entity in payment dispute with hospital system involving Medicare Advantage claims and related regulations. 
  • Routinely advising federally recognized regional accreditor on variety of issues.  

Scott serves on the Education Committee of the California Society of Healthcare Attorneys and previously served as a board member.  He also previously served on the board of the California Academy of Family Physicians Foundation.  Scott has been selected as a Super Lawyers Northern California Rising Star every year since 2018.  

When not practicing law, Scott enjoys spending time with his wife and children, walking his dog in Golden Gate Park, and traveling on two wheels.  

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