Paul D. Werner

Paul Werner
Member of the Firm

Paul Werner is a zealous advocate for his clients, both in and out of the courtroom. He has a varied litigation practice, representing physicians and other healthcare providers and organizations in civil litigation, criminal investigations and prosecutions, and professional licensing actions. He regularly handles matters related to post-payment audits, overpayment disputes and litigation, insurance fraud investigations and prosecutions, benefit disputes, and allegations of professional misconduct. Paul’s post-payment audit practice places special emphasis on the unique and complicated audits conducted by the Centers for Medicare & Medicaid Services and its contractors.

In his civil litigation practice, Paul focuses on the defense of complex insurance fraud and False Claims Act investigations and appeals of Medicare audits presented to the Office of Medicare Hearings and Appeals. His civil litigation practice also extends beyond fraud and abuse allegations, and he routinely litigates disputes relating to shareholder and/or ownership disputes, commercial and contract disputes; employer/employee relations, restrictive covenants, insurance coverage and reimbursement disputes, including benefit claims under the Employee Retirement Income Security Act of 1974 (ERISA), and patient collections matters.

Healthcare providers and entities in state and federal prosecutions rely on Paul to defend them against a variety of healthcare-specific crimes. Beyond the underlying gravity of a criminal prosecution, Paul understands the significant impact that a criminal prosecution, even if resolved positively, can have on licensed professionals. He counsels his clients on the ancillary consequences of criminal prosecutions and resolutions, including but not limited to navigating the pitfalls of potential exclusion by the Department of Health and Human Services and disciplinary proceedings before professional licensing boards.

Paul relies upon his substantial experience in assessing the merits of allegations of insurance fraud or professional misconduct to effectively—and realistically—counsel his clients on how to best respond to scrutiny from either third-party payers or regulatory agencies. He also assists clients with internal investigations into regulatory compliance issues and frequently advises his clients on proactive risk management and regulatory compliance, emphasizing how to proactively avoid payer or regulatory scrutiny in the first place.

In addition, Paul advises clients on multifaceted corporate transactions and structuring, as well as facility licensing matters, especially in the behavioral health space.

Paul enjoys skiing, cooking, and travel. He loathes Tom Brady.

Honors and Awards

Super Lawyers®, part of Thomson Reuters

  • Included in New Jersey Super Lawyers, 2022-2023
  • Included in New Jersey Rising Stars, 2013-2021

Professional Memberships & Affilations

American Health Law Association
New Jersey State Bar Association

Speaking Engagements

“Compliance with Federal and State Regulations as You Begin Your Age Management Practice,” Age Management Medicine Group Conference, November 2020

“Compliance with Federal and State Regulations as You Begin Your Age Management Practice,” Age Management Medicine Group Conference, April 2020

“Role of DEA and FDA in Use of CBD and THC,” Age Management Medicine Group Conference, November 2019

“Legal Issues in Age Management Medicine: A Discussion of Legal Compliance for Age Management Physicians,” Age Management Medicine Group Conference, April 2019

“Stark Realities: Understanding the Laws Prohibiting Self-Referrals, Kickback, and Inducements,” American Academy of Podiatric Practice Management, Summer Boot Camp and New Practitioner Workshop, August 2011

“Compliance Basics: The Anatomy of an Effective Compliance Program” American Academy of Podiatric Practice Management, Summer Boot Camp and New Practitioner Workshop, August 2011

“The Dark Side of Reform: Understanding the Broad Scope of the Healthcare Reform Law’s Numerous Anti-Fraud Provisions,” American Academy of Podiatric Practice Management, Summer Boot Camp and New Practitioner Workshop, August 2011

“Employment Contracts 101: A Primer on Workplace Laws and Employment Contracts for Podiatric Practices,” American Academy of Podiatric Practice Management, Summer Boot Camp and New Practitioner Workshop, August 2011

“How Safe is Your Office: The Impact of OSHA Guidelines on Podiatric Practices,” American Academy of Podiatric Practice Management, Summer Boot Camp and New Practitioner Workshop, August 2011

“Legal Issues Associated with DPM/PT Integration,” American Academy of Podiatric Practice Management, Summer Boot Camp and New Practitioner Workshop, August 2011

“Claim Appeals 101: A Primer on Responding to Major Medical Claims Denials in a NJ Chiropractic Office,” Association of New Jersey Chiropractors Convention, Fall 2010

“Employment Law 101: A Primer on Workplace Laws for NJ Chiropractic Practices,” Association of New Jersey Chiropractors Convention, Fall 2010

“Increased Freedom, Increased Responsibility: Legal Issues Associated with the New Chiropractic Scope of Practice in New Jersey,” Association of New Jersey Chiropractors Convention, Fall 2010

Clerkship

Law Clerk to the Honorable Frederick J. Theemling, J.S.C., Superior Court of New Jersey.