Erika L. Steuerwald

Erika Steuerwald is a member of the Firm's Health Care Practice. She regularly counsels hospitals, skilled nursing facilities, physicians, physician practices, home health care agencies, assisted living facilities, mental health centers, and durable medical equipment (DME) companies. Erika has experience assisting clients with a variety of matters including regulatory compliance and administrative appeals, contract review and negotiation, reimbursement matters, business transactions, HIPAA/ HIT, and general corporate matters. Additionally, Erika has counseled clients on telemedicine, licensure and accreditation, Anti-Kickback Statute, Stark Law, fraud and abuse, managed care contracting, Medicaid and Medicare reimbursement, and internal investigations.

Erika frequently represents individual professionals and healthcare providers in licensing, administrative, and disciplinary matters before the Indiana Department of Health, the Indiana Professional Licensing Agency, and medical licensing boards. She draws on her experience as an Indiana Deputy Attorney General and Indiana Department of Health Staff Attorney to effectively advocate for her health care provider clients. Her knowledge of government regulations combined with her civil prosecution experience makes her uniquely qualified to negotiate creative and practical solutions. Erika helps long term care facilities navigate discharges of difficult residents, involuntary transfer hearings, licensure denial appeals, revocation actions, and survey appeals. Additionally, Erika has extensive experience working with the Indiana State Medical Association Physicians Assistance Program (ISMA- PAP).  She is a strong advocate for medical providers encountering challenges with substance abuse, mental health, and/or patient boundary issues. 

Representative Experience

Health Care Regulatory Transactions:

• Served as hospital counsel specializing inpost-acute care and acute care regulatory compliance including: skilled nursing facilities, assisted living facilities, and hospice
• Drafted and negotiated various provider agreements including medical director agreements, payor reimbursement agreements, management agreements, professional services agreements, employment contracts, physician non-competes, and clinical services agreements
• Advised providers on medical director agreements, telehealth, end of life decision-making, audits, investigations, emergency crisis response, clinical care, and managed care
• Drafted and revised various vendor and payor contracts, with a focus on the transition to value-based care reimbursement
• Assisted clients in navigating compliance with Anti-Kickback Statute, the Stark Law, and state fraud and abuse laws
• Developed HIPAA policies for various health care entities, analyzed privacy and security issues, and negotiated related contracts including business associate agreements and data sharing agreements
• Represented and advised clients regarding audits, surveys, and investigations initiated by licensing and certification bodies
• Assisted providers with developing plans of correction and responses to licensure and complaint surveys
• Worked with clients on various provider licensure, certification and enrollment matters
• Advised and assisted providers regarding change of ownership (CHOW) mechanisms and reporting requirements
   

Health Care Corporate Transactions:

• Organized the formation of corporations, limited liability companies, professional corporations, partnerships and negotiate related governance documents including articles of incorporation, bylaws, operating agreements, and partnership agreements  
• Drafted and reviewed physician employment agreements, locum tenens agreements, corporate documents, and professional services agreements
• Negotiated physician non-disclosure and physician non-compete agreements
• Represented physician practice group in professional services negotiations with a large hospital system 
• Assisted physician in creation of new specialty physician practice, including corporate formation documents, independent contractor agreements, and employment agreements 
   

Medical Licensure Defense:

• Represented physicians in successful appeal of Indiana initial licensure denial before the Medical Licensing Board
• Represented physicians in Medical Board Personal Appearances regarding the following:  
  • Pending criminal matters and prior criminal convictions; 
  • Suspension or termination of hospital credentials; 
  • Mental health and substance abuse treatment; 
  • Patient boundary issues; 
  • National Practitioner Data Bank reporting 
• Represented physicians in licensure Administrative Complaint litigation, including discovery, settlement conference, and execution of Board-approved settlement agreement
• Designated as recommended licensure counsel for physicians in the Indiana State Medical Association Physicians Assistance Program (“ISMA PAP”) 
• Represented physicians struggling with substance abuse, mental health issues, and boundary issues in Indiana Attorney General Consumer Complaint Investigations and licensure actions 
• Represented physicians, hospitals, long term care facilities mental health providers, podiatrists, and nurses in Attorney General Consumer Complaint Investigations 

Civic Involvement

• Board Member, The Lugar Series
• Sagamore Inn of Court
• Member; Former Board Member, Junior League of Indianapolis

Professional Associations

• Member, American Health Lawyers Association
• Member, Indiana Pharmacy Association
• Member, Indiana State Bar Association
• Past Executive Committee Member - Women in the Law Division; Health Care and Life Sciences Section, Indianapolis Bar Association

Awards & Recognitions

• Indiana Super Lawyers Rising Star, Health Care 2024

Education

• J.D., Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2016
• B.A. in English and Political Science, Indiana University, Bloomington, Indiana, 2012
  
  • Cox Scholar, Indiana Memorial Union Board

Bar & Court Admissions

• Indiana, 2016
• U.S. District Court for the Northern District of Indiana, 2021
• U.S. District Court for the Southern District of Indiana, 2021
• U.S. Court of Appeals Seventh Circuit, 2021

Practices

• Compliance and Regulatory Affairs
• Hospitals and Health Systems
• Physicians and Physician Groups
• Long-Term Care Providers
• Professional Licensing
• In-House Counsel Services
• Telehealth and Telemedicine
• Licensure, Accreditation, and Certification
• Health Information Privacy/HIPAA
• Medicaid Strategy and Health Policy

Industries

• Health Care
• Government