Health Care Attorney and Corporate Attorney. Rafael A. Gaitan (“Ralph”) is the managing partner and one of the founders of the firm. He is a seasoned heath care attorney representing providers in Florida and federal actions. Mr. Gaitan is also the firm’s senior corporate attorney advising a diversity of companies across the globe on business, compliance, and litigation matters.
Health Care Attorney
Ralph Gaitan has over twenty years of experience in the health care industry. As a sought after health care attorney, Mr. Gaitan represents clients in all aspects of health care practice including:
- Coverage and reimbursement disputes against Medicare and managed care organizations;
- Enrollment with Medicare and Medicaid including any deactivations, revalidations, revocations, and date of enrollment disputes;
- Appeals of Medicare and Florida Medicaid overpayments including redetermination, reconsideration, request for administrative law judge hearings, formal and informal hearings, and departmental appeals board;
- Responding to and cooperating with recovery audit contractors (RAC), SafeGuard Services, LLC, First Coast Service Options, Inc. (FCSO);
- Medicare and Medicaid compliance, change of ownership, change of address, change in practice locations;
- Administrative litigation; the Agency for Health Care Administration licensing, enrollment, renewal disputes, revocation, audits, notice of intent to deny, and sanctions, election of rights, administrative litigation;
- Appeal of Florida Statewide Medicaid Managed Care health plan audits and overpayments;
- Florida administrative actions, including: Department of Health investigations; Board of Medicine, Osteopathy, Chiropractic, Nursing, Pharmacy, Physical Therapy investigations; Administrative litigation before Florida’s Division of Administrative Hearings and Appeals;
- Florida Pharmacy audits, overpayment and enrollment disputes, among others;
- Review of and drafting of physician or health care provider employment agreements, independent contractor agreements, nondisclosure/confidentiality/non-solicitation agreements for Florida providers and employees;
- Disputes arising from non-compete clauses; as well as other administrative or civil litigation matters; and,
- Health care transactions, buy/sell, stock and asset sale purchases of health care businesses, and reporting change of ownership, among others.
- Life sciences (FDA) including registration of tobacco establishment, product listing and registrations, new tobacco products including filing Premarket Tobacco Applications, Substantial Equivalence Reports, and Exemption from Substantial Equivalence.
Aside from health care, Mr. Gaitan also focuses on advising Florida businesses on general corporate matters, including mergers, acquisitions, stock options, employment agreements, service contracts, lease agreements, evictions and other business disputes as well as litigation that may arise from the same. He regularly counsels start-ups and small to medium sized companies on business opportunities, certification/licensing and permitting issues, and other legal restrictions. Mr. Gaitan has also participated with disputes, audits or investigations before various Florida agencies, including the Department of Finance and Department of Business and Professional Regulation.
Prior to joining Gaitan Law Group, Mr. Gaitan gained extensive litigation experience representing Fortune 500 companies in civil litigation matters throughout the State of Florida, and has litigated real estate cases against the largest lending institutions of the U.S. and abroad. Mr. Gaitan began his legal career working at a respected Ft. Lauderdale law firm focusing his practice in the areas of health care and general civil litigation. Mr. Gaitan’s health care practice primarily dealt with preparation of certificate of need applications for various health care entities throughout the state of Florida. Mr. Gaitan also participated in dissolution of physician practices as well as litigation of various contract disputes.
Throughout his practice, Mr. Gaitan has settled numerous cases employing various alternative resolution programs, including informal negotiations or informal mediation, court mandated mediation, voluntary mediation, nonbinding and binding arbitration.
Mr. Gaitan is a proud member of the inaugural class of Florida International University’s College of Law, where he earned his Juris Doctorate.
Mr. Gaitan is a native Spanish speaker.
You can contact Mr. Gaitan via e-mail at [email protected] or call him at 786.440.8115.
Areas of Practice
- Health Care Law
- Civil Litigation
- General Corporate
- Litigation & Appeals
- Real Estate Law
- Administrative Law
- Florida, 2005
- Florida International University College of Law, Miami, Florida
- Honors: Member, Inaugural Class