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Contact Information 555 Capitol Mall 9th Floor Sacramento CA 95814 916.325.4589: T 916.444.8989: F
Practice Group Leader Practice Focus Health Care Managed Care Contracts Appeals Arbitration
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Marcia L. Augsburger | Shareholder Professional ExperienceMarcia’s practice includes a broad range of civil litigation matters in both state and federal trial and appellate courts, as well as transactional work and counseling, in all aspects of health care law affecting providers, health plans, insurance companies, agents, brokers, other fiduciaries, and employers. Marcia handles class action lawsuits and other complex business litigation, as well as federal and state regulatory compliance and licensing work for insurance companies and Knox Keene Health Plans, brokers, and others. She also counsels clients on coverage and reimbursement issues, fiduciary duties, joint venture arrangements, partnerships, and employee benefits, including Health Savings Accounts and wellness programs. Marcia believes that her clients expect and are entitled to straightforward direction and specific, trustworthy, creative recommendations for solving their problems. She strives to provide each of her clients with concrete, well-researched, and considered advice, delivered promptly and in language they can quickly review, understand, and integrate into their business decisions. In addition to her client work, Marcia is an arbitrator for the American Health Lawyers Association Alternative Dispute Resolution Service, has been a guest lecturer at the U.C. Davis School of Law, and has conducted seminars on complex litigation, women in the law, consumer directed health care and wellness programs, civil discovery, and other legal and business subjects. She also heads the firm’s wellness program. Marcia has served as a research assistant for the Sacramento Municipal Court District and an extern for the Honorable Edward J. Garcia, United States District Court, Eastern District of California. Representative MattersLead counsel in several class actions and multi-party lawsuits and arbitrations involving complex legal issues, including hospital pricing and billing practices, lien rights, ERISA, unfair business practices, and issues arising under the federal and state constitutions and specifically the First, Fifth and Fourteenth Amendments to the U.S. Constitution. Lead counsel and consultant for health care entities and systems including hospitals, medical groups, IPAs, and insurance companies in contract and other business disputes. Lead and assistant lead counsel in managed care disputes that resulted in recoveries for clients in health care industry totaling more than $45 million since 2000. Insurance coverage, regulatory compliance, and licensing counsel for large corporations, including insurance companies, small businesses, and individuals. Trial counsel for corporations, inside and outside of California, in more than 20 trials and numerous arbitrations involving 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 seven-month jury trial involving fraud, real estate, construction and contract issues, franchise law, and complex evidentiary issues. Presentations/PublicationsAuthor, “Guidance from the Inspector General on the Self-Disclosure Protocol,” McDonough Health Care Law Bulletin, June 2008 Editor, “If You Have Not Done So Recently, It May Be Time to Review Your On-Call Arrangements,” McDonough Health Care Law Bulletin, June 2008 Presenter, “Structuring Legally Compliant Wellness Programs and Other Health Benefits Strategies,” World Research Group Conference, Integrating Wellness and Health Benefits Design for Employers, San Diego, May 2008 Presenter, “Workplace Wellness From The Inside Out: The Critical Role of the Executive Sponsor,” ArlenGroup Seminar, How Can a Worksite Wellness Program Reduce Health Care Costs?, San Francisco, April 2008 Author, “Beyond the Glass Ceiling: Working to Level the Playing Field” Diversity in Hiring & Retention, Sacramento Lawyer, March/April 2008 Editor, “DMHC Precludes Health Plans From Using Overly Restrictive, One-Sided Confidentiality Agreements,” McDonough Health Care Law Bulletin, December 2007 Editor, “SB 916: Extends Immunities Afforded to General Acute Care & Acute Psychiatric Hospitals,” McDonough Health Care Law Bulletin, November 2007 Editor, “SB 350: Clarifies AB 774 and Hospitals’ Obligations to Provide Charity Care and Discounts,” McDonough Health Care Law Bulletin, November 2007 Presenter, “Effecting Change: Identification and Elimination of Bias in the Legal Profession,” Sacramento County Bar Association, Bankruptcy and Commercial Law Section, MCLE Luncheon, October 2007 Presenter, “Understanding the Legal Landscape of Product Innovation: Consumer Directed Health Care and Electronic Medical Records,” World Research Group’s 7th Annual Product Development for Health Plans Conference, September 2007 Author, “Key Strategies for Adding Value to Legal Services Rendered to the Healthcare Client,” Inside the Minds, Aspatore Books, 2007 Presenter, “Wellness Programs: Increase Productivity, Decrease Absenteeism, Reduce Health Care Costs,” Association of Corporate Counsel, Sacramento Chapter, MCLE Luncheon, May 2007; McDonough MCLE Seminar for Sacramento Law Firms, August 2007 Leadership Positions/AffiliationsChair, No Glass Ceiling Committee, Women Lawyers of Sacramento Member, American Health Lawyers Association Member, American Bar Association, Litigation Section Member, Federal Bar Association Member, State Bar of California, Litigation Section, appointed to evaluate substance and format of legal education courses (1995-1997) Member, Sacramento County Bar Association Member, California Women Lawyers Member, Women Lawyers of Sacramento Member, California Society for Healthcare Attorneys Honors/AwardsRecognized as a 2004 Northern California Super Lawyer® 19th Annual Neumiller Award for Outstanding Appellate Advocacy, 1987-1988 |
MHALaw Search Admitted to PracticeState Bar of California, 1989 United States District Court, Eastern, Northern and Central Districts of California United States Court of Appeals, Ninth Circuit United States Supreme Court EducationUniversity of California, Davis School of Law J.D., 1989 U.C. Davis Law Review, Executive Editor Eastern Mennonite College B.A., cum laude, Education, 1981 Concentration in English and Music (voice emphasis) PublicationsHealth Care Law Client Strategies
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