Judith S. Sherwin

Of Counsel
Chicago
30 N. LaSalle Street
Suite 2800
Chicago, IL 60602
P 312.580.1268
F 312.580.1201
P 312.580.1268 | F 312.580.1201



Overview

Ms. Sherwin focuses her practice on transactional, regulatory and litigation matters, with specialized expertise in the long-term care/nursing home sectors. She has extensive health care law experience in HIPAA compliance, which includes drafting and review of compliance plans, business associate agreements, counseling on potential data breaches and mandatory statutory and regulatory notifications. Her practice also includes contract review for Stark and Anti-Kickback issues, as well as drafting and monitoring of corporate health care compliance plans relating to corporate governance of health care organizations. 

Ms. Sherwin has served as lead counsel on internal investigations to respond to complaints, federal and state government audits, civil investigative demands, whistleblower employee matters. She has defended false claims, violations of the Anti-Kickback Statute, Medicare/Medicaid fraud, billing fraud, and false certification matters.

Experience
  • Extensive work in HIPAA compliance including drafting and review of compliance plans, Business Associate agreements, counseling on potential data breaches and mandatory statutory and regulatory notification
  • Contract review for Stark and Anti-Kickback issues as well as drafting and monitoring of corporate health care compliance plans relating to corporate governance of health care organizations
  • Audit review of Medicare and Medicaid and administrative review relating thereto
  • Served as lead counsel in preparation and implementation of compliance plan for fifty facilities and five state long-term care organizations
  • Served as lead counsel on class-action suit on behalf of providers of Medicaid services in Illinois, challenging Medicaid reimbursement scheme in U.S. Supreme Court
  • Served as lead counsel for securitization on receivable financing of $40 million for 15-facility nursing home chain
  • Served as lead counsel for securitization on mortgage financing of $120 million for 20- facility nursing home group
  • Special counsel to ten medical providers in Illinois Court of Claims case to recover interest payments under the State Prompt Payment Act; decided in favor of providers: Garden View, et al. vs. State of Illinois and the Illinois Department of Public Aid, No. 03 CC 4059
  • Special counsel to Voice of the Retarded (VOR) and approximately 250 objectors for successfully defending in federal court entry of consent decree and class certification to ensure choice for developmentally disabled persons in the State of Illinois
  • Served as lead counsel for 2500 objectors/intervenors in Ligas v. Hamos in Northern District of Illinois resulting in consent decree involving private developmentally disabled residents and placement choice in Illinois
  • Lead counsel on acquisition and formation of operating entities for long term care facilities in Illinois, Wisconsin, Missouri and Indiana
  • Lead counsel on HUD financing matters for acquisition and receivable financing for long term care facilities
  • Served as lead trial and appellate counsel in Illinois League of Advocates of Illinois v. Illinois Department of Human Services involving declaratory and injunctive relief in class action brought by guardians and residents of State Operated Developmental Facilities to prevent closure of facilities
  • Special Counsel to Illinois League of Advocates of Illinois on on-going legal issues and negotiations with state agencies relating to guardians rights in the treatment of their wards through Medicaid entitlement programs and regulations
  • Lead counsel on defense of False Claims Act civil suit against major Illinois Hospice Client including defense of Civil Investigative Demand, coordination of criminal counsel, negotiation with US Attorneys’ office and Office of the Inspector General of state of Illinois and Inspector General of Center for Medicare and Medicaid Services (CMS)
  • Defense of providers (physicians, nursing homes, hospice, home health agencies) in regulatory matters including potential termination of provider agreements
  • Defense of CMS and state audits of provider claims in both Medicare and Medicaid audit proceedings
  • Lead counsel on internal investigations to respond to complaints, Civil Investigative Demands, whistleblower employee matters
  • Corporate formation, operational set-up and licensure of hospice and home health agencies in Illinois, Wisconsin, Missouri, Iowa and Indiana
Services

Industries

Education

  1. The John Marshall Law School, J.D.
  2. University of Chicago Divinity School, M.A., Religious Studies
  3. The University of Chicago, M.A., Liberal Arts
  4. Roosevelt University, B.A., Political Science/Psychology

Credentials

Bar Admissions
  1. Illinois
Court Admissions
  1. U.S. District Court, Central District of Illinois
  2. U.S. District Court, Northern District of Illinois (Trial Bar)
  3. U.S. Supreme Court
  4. U.S. Tax Court

Recognitions

  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Selected as an "Illinois Leading Lawyer" for Healthcare

Affiliations

Professional Affiliations
  • Chicago Bar Association
  • Illinois Bar Association
  • Decalogue Society of Lawyers
  • American Bar Association
  • American Health Lawyers Association
  • Attorney Registration and Disciplinary Commission of the State of Illinois 
  • Inquiry Board, 1988–1994
  • Hearing Panel from,  1991–1994
  • Adjunct Professor, Loyola University School of Law, Chicago, IL
    • Business and Corporate Governance Program, Masters of Jurisprudence Program
    • "Legal Research Writing"
    • "Legal and Business Ethics"
    • "Religious Liberty: The First Amendment and Religion"
  • Adjunct professor at John Marshall Law School, 1992–1995
  • Adjunct professor in Political Science; Oakton Community College, 1986–1990
  • Adjunct professor, Spertus Institute, 1998, 1999, 2000
Community Affiliations
  • Jewish Family and Community Service, Member of the Board of Directors, 2004-2006
  • Council for Jewish Elderly, Member of the Board of Directors, 2007
  • Project LEAP (Legal Elections in All Precincts), Founder

Insights

  1. Alerts
    Update to Provider Relief Payment Reporting Requirements (Jun 16, 2020)
    CMS Issues Guidance on Reopening Health Care Facilities (Jun 12, 2020)
    Recent HHS Provider Relief Payment Updates (Jun 11, 2020)
    Legislation Repeals Three Health-Related Excise Taxes Imposed by the Affordable Care Act (Jun 5, 2020)
    HHS Provider Payments Update (May 11, 2020)
  2. Presentations
    "Corporate Governance and Ethical Issues" - Panelist, Society for Corporate Compliance and Ethics (Washington, DC)
    "Legal Ethics in Illinois" - Presenter and Moderator, Lorman Educational Services (Chicago)
    "Surveys - Licensure and Enforcement in Long-Term Care Litigation" - Illinois Institute for Continuing Education
    "Ethics of Internal Investigations" - Lorman Educational Services Legal Ethics Seminar (Chicago)
  3. Firm News
    Roetzel’s Chicago Office Welcomes Two Attorneys (May 17, 2019)

Overview

Ms. Sherwin focuses her practice on transactional, regulatory and litigation matters, with specialized expertise in the long-term care/nursing home sectors. She has extensive health care law experience in HIPAA compliance, which includes drafting and review of compliance plans, business associate agreements, counseling on potential data breaches and mandatory statutory and regulatory notifications. Her practice also includes contract review for Stark and Anti-Kickback issues, as well as drafting and monitoring of corporate health care compliance plans relating to corporate governance of health care organizations. 

Ms. Sherwin has served as lead counsel on internal investigations to respond to complaints, federal and state government audits, civil investigative demands, whistleblower employee matters. She has defended false claims, violations of the Anti-Kickback Statute, Medicare/Medicaid fraud, billing fraud, and false certification matters.

Experience
  • Extensive work in HIPAA compliance including drafting and review of compliance plans, Business Associate agreements, counseling on potential data breaches and mandatory statutory and regulatory notification
  • Contract review for Stark and Anti-Kickback issues as well as drafting and monitoring of corporate health care compliance plans relating to corporate governance of health care organizations
  • Audit review of Medicare and Medicaid and administrative review relating thereto
  • Served as lead counsel in preparation and implementation of compliance plan for fifty facilities and five state long-term care organizations
  • Served as lead counsel on class-action suit on behalf of providers of Medicaid services in Illinois, challenging Medicaid reimbursement scheme in U.S. Supreme Court
  • Served as lead counsel for securitization on receivable financing of $40 million for 15-facility nursing home chain
  • Served as lead counsel for securitization on mortgage financing of $120 million for 20- facility nursing home group
  • Special counsel to ten medical providers in Illinois Court of Claims case to recover interest payments under the State Prompt Payment Act; decided in favor of providers: Garden View, et al. vs. State of Illinois and the Illinois Department of Public Aid, No. 03 CC 4059
  • Special counsel to Voice of the Retarded (VOR) and approximately 250 objectors for successfully defending in federal court entry of consent decree and class certification to ensure choice for developmentally disabled persons in the State of Illinois
  • Served as lead counsel for 2500 objectors/intervenors in Ligas v. Hamos in Northern District of Illinois resulting in consent decree involving private developmentally disabled residents and placement choice in Illinois
  • Lead counsel on acquisition and formation of operating entities for long term care facilities in Illinois, Wisconsin, Missouri and Indiana
  • Lead counsel on HUD financing matters for acquisition and receivable financing for long term care facilities
  • Served as lead trial and appellate counsel in Illinois League of Advocates of Illinois v. Illinois Department of Human Services involving declaratory and injunctive relief in class action brought by guardians and residents of State Operated Developmental Facilities to prevent closure of facilities
  • Special Counsel to Illinois League of Advocates of Illinois on on-going legal issues and negotiations with state agencies relating to guardians rights in the treatment of their wards through Medicaid entitlement programs and regulations
  • Lead counsel on defense of False Claims Act civil suit against major Illinois Hospice Client including defense of Civil Investigative Demand, coordination of criminal counsel, negotiation with US Attorneys’ office and Office of the Inspector General of state of Illinois and Inspector General of Center for Medicare and Medicaid Services (CMS)
  • Defense of providers (physicians, nursing homes, hospice, home health agencies) in regulatory matters including potential termination of provider agreements
  • Defense of CMS and state audits of provider claims in both Medicare and Medicaid audit proceedings
  • Lead counsel on internal investigations to respond to complaints, Civil Investigative Demands, whistleblower employee matters
  • Corporate formation, operational set-up and licensure of hospice and home health agencies in Illinois, Wisconsin, Missouri, Iowa and Indiana

Education

  1. The John Marshall Law School, J.D.
  2. University of Chicago Divinity School, M.A., Religious Studies
  3. The University of Chicago, M.A., Liberal Arts
  4. Roosevelt University, B.A., Political Science/Psychology

Credentials

Bar Admissions
  1. Illinois
Court Admissions
  1. U.S. District Court, Central District of Illinois
  2. U.S. District Court, Northern District of Illinois (Trial Bar)
  3. U.S. Supreme Court
  4. U.S. Tax Court

Recognitions

  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Selected as an "Illinois Leading Lawyer" for Healthcare

Affiliations

Professional Affiliations
  • Chicago Bar Association
  • Illinois Bar Association
  • Decalogue Society of Lawyers
  • American Bar Association
  • American Health Lawyers Association
  • Attorney Registration and Disciplinary Commission of the State of Illinois 
  • Inquiry Board, 1988–1994
  • Hearing Panel from,  1991–1994
  • Adjunct Professor, Loyola University School of Law, Chicago, IL
    • Business and Corporate Governance Program, Masters of Jurisprudence Program
    • "Legal Research Writing"
    • "Legal and Business Ethics"
    • "Religious Liberty: The First Amendment and Religion"
  • Adjunct professor at John Marshall Law School, 1992–1995
  • Adjunct professor in Political Science; Oakton Community College, 1986–1990
  • Adjunct professor, Spertus Institute, 1998, 1999, 2000
Community Affiliations
  • Jewish Family and Community Service, Member of the Board of Directors, 2004-2006
  • Council for Jewish Elderly, Member of the Board of Directors, 2007
  • Project LEAP (Legal Elections in All Precincts), Founder

Insights

  1. Alerts
    Update to Provider Relief Payment Reporting Requirements (Jun 16, 2020)
    CMS Issues Guidance on Reopening Health Care Facilities (Jun 12, 2020)
    Recent HHS Provider Relief Payment Updates (Jun 11, 2020)
    Legislation Repeals Three Health-Related Excise Taxes Imposed by the Affordable Care Act (Jun 5, 2020)
    HHS Provider Payments Update (May 11, 2020)
  2. Presentations
    "Corporate Governance and Ethical Issues" - Panelist, Society for Corporate Compliance and Ethics (Washington, DC)
    "Legal Ethics in Illinois" - Presenter and Moderator, Lorman Educational Services (Chicago)
    "Surveys - Licensure and Enforcement in Long-Term Care Litigation" - Illinois Institute for Continuing Education
    "Ethics of Internal Investigations" - Lorman Educational Services Legal Ethics Seminar (Chicago)
  3. Firm News
    Roetzel’s Chicago Office Welcomes Two Attorneys (May 17, 2019)