John F. Kapacinskas is a partner in the Minneapolis office and is head of that office's Health Law Practice. He has a national practice focused on the health care and biosciences industries and represents hospitals, hospital systems, medical schools, insurance companies, HMOs, extended care facilities and medical product and device manufacturers throughout the country. John maintains an ancillary presence in the firm's Houston office to assist his Texas-based clients.
A seasoned litigator and counselor, John has tried over 25 high-profile cases to a jury verdict, and has been lead counsel in over 400 matters, having assisted on many others throughout his career. He has been lead counsel representing MCOs in fraud investigations before the OIG. The majority of his medical malpractice and commercial health law cases have involved those with claimed damages in excess of $1 million and have ranged from birth trauma, neonatal injuries and heparin overdose, to those stemming from breach of service agreements and commercial fraud. John's depth and breadth of knowledge in the biotech and products liability arena extends to cases centered on a variety of medical devices, including vascular staplers, endoscopic instrument design and manufacture, infusion pumps, spinal cage implants, breast implants thimerosal and vinyl chloride exposure.
John's general experience covers reimbursement issues, accreditation and compliance, physician credentialing and peer review procedures, complex contract and commercial disputes, business litigation, products and premises liability claims and professional negligence claims. He counsels his clients on how to establish and monitor industry best practices to avoid litigation and government investigations and also routinely represents clients in administrative proceedings, EMTALA, HITECH, HIPAA and OIG investigations, arbitrations, and state and federal court and agency proceedings. John has represented health care clients before state and federal agencies, including various state Medicaid agencies and commissions and physician and nursing regulatory agencies. This experience includes compliance matters, implementation of 1915 waiver programs and state Medicaid bid processes.
In addition to his health care and biosciences litigation and counseling practice, John serves as a frequent advisor to clients on a variety of areas affecting their industries such as electronic data management, record keeping, employment issues, HIPAA and ERISA issues and general administrative matters. John also is active in local legal pro-bono efforts and local and national risk management associations and previously held the position of President of the Greater Houston Society for Healthcare Risk Management. He continues to be a frequent speaker for various health-related organizations and at continuing legal education functions and is engaged in the local communities in which he practices.
Lead trial counsel in $8 billion Medicaid bid procurement dispute in the State of Ohio; sought and obtained a lifting of the temporary restraining order and dismissal of plaintiff's claims, permitting client to proceed with contracting with State of Ohio
Lead counsel in the representation of a hospital system in a professional negligence claim arising out of PACU care alleged to have resulted in profound brain damage to a child
- Lead counsel in the representation of a school of medicine in a professional negligence claim arising out of care provided to an infant in the NICU resulting in severe brain damage
- Lead counsel in the representation of an insurance company in a broker/dealer contract dispute handled through arbitration
- Lead counsel in infusion pump failure case resulting in patient death
- Lead counsel for an ERISA insurance health care coverage dispute in federal court
- Lead counsel for hospital system in physician credentialing dispute and fair hearing process
- Lead counsel for hospital system in physician antitrust suit
- Federal Bar Association
- National Health Lawyers Association
- American Society for Healthcare Risk Management
- Minnesota State Bar Association
- Minnesota Society for Healthcare Risk Management
Minnesota Healthcare Financial Management Association
- Hennepin County Bar Association
- The State Bar of Texas - Health Law Section
- Greater Houston Society for Healthcare Risk Management
- "Texas Top Rated Lawyer," LexisNexis Martindale-Hubbell (2012, 2013)
- Co-presenter, "Risk Exposures and Potential Liabilities of ACOs: Considerations Before Taking the Plunge," Fulbright Forum, February 7, 2012
- "Defense of Managed Care Organizations in Government Investigations: A Case Study," Fulbright Forum, Phoenix, Arizona, October 27, 2011
- "EMTALA Update," Fulbright Forum, Houston, Texas, September 16, 2010
- "EMTALA New Regulations and Next Steps," Fulbright Forum, Houston, Texas, September 26, 2008
- "Electronic Medical Records and State Law Requirements," Greater Houston Society for Healthcare Risk Management, Houston, Texas, February 28, 2007
1991 - J.D., with High Distinction, The University of Iowa College of Law
1988 - B.A., with Distinction and Honors in Political Science, minor in Philosophy, The University of Iowa College of Liberal Arts
John is a member of Phi Beta Kappa. He was admitted to practice law in the state of Texas in 1991, Minnesota in 1996, and Arizona in 2012.
In his free time, John enjoys spending time with his wife Heidi and three children, as well as fishing, cross-country skiing, boating, hiking and traveling.
Adjunct Faculty, The University of Houston Law Center, 2007 - 2010
President, Greater Houston Society for Healthcare Risk Management, 2007 - 2008
Co-Chair Education Committee, Greater Houston Society for Healthcare Risk Management, 2004 - 2005
Pro-bono legal work for the City of St. Paul, Minnesota and the Houston Volunteer Lawyers Association
Instructor and speaker – various client and industry seminars and continuing legal education courses