Kessenick Gamma & Free LLP

Scott C. Kessenick

Attorneys

Scott C. Kessenick

Partner

Scott specializes in advising and representing entities and individuals in the healthcare industry.  Scott’s areas of expertise include corporate structuring and acquisitions, patient referral and privacy laws, Medicare reimbursement, and insurance coverage.  In addition, Scott routinely advises technology companies on California’s ban on the corporate practice of medicine, as well as other healthcare issues.  Scott has extensive experience litigating contract, billing, employment, accreditation, medical staff, and other disputes.  

Scott received his J.D. from Columbia Law School in 2010, and his B.A., with honors, from the University of California, Santa Barbara in 2006.  Before joining KGF in 2013, Scott practiced for three years as an associate in the New York office of Dechert LLP.

Recent representative experience includes:

  • Routinely advise leading life sciences technology company on variety of healthcare related issues.
  • Represent ambulatory surgery center in potential acquisition by a large hospital system.
  • Represented central valley IPA, AllCare, in multiple lawsuits brought by out-of-network emergency physician groups.  Obtained arbitration award ruling that payment equivalent to 120% of the Medicare Fee-For-Service rate was reasonable payment for the services provided. 
  • Routinely advise and represent Bay Area IPA, Brown & Toland Medical Group, Inc. on various matters
  • Represented physician in legal action to restore privilege to participate on the teaching service of a San Francisco hospital.  Despite no direct legal precedent, court found hospital violated physician’s right to fair procedure and restored right to participate on teaching service.
  • Represented regional accreditor of community colleges in action seeking an injunction voiding decision to terminate accredited institution.  Preserved decision and accreditor’s ability to return institution to accredited status.
  • Serve as outside general counsel to the California Academy of Family Physicians.
  • Advising healthcare employers and employees on contractual matters and labor law issues.  

Scott is admitted to practice in California, New York, the Second Circuit Court of Appeals, and the U.S. Districts Courts for the Northern District of California and the Southern and Eastern Districts of New York.  He is also on the Education Committee of the California Society of Healthcare Attorneys.