Senior Counsel

Sacramento

Direct: 916.945.5247

Office: 916.945.5170

mparnes@buchalter.com

Bar Admissions

California

Languages

Russian

Overview

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Mike Parnes is a Senior Counsel in Buchalter’s Sacramento office. He is a member of the Health Care Law and Litigation Practice Groups. Mr. Parnes focuses his practice primarily on healthcare litigation and complex business litigation. Mr. Parnes also counsels entrepreneurs, investors, and managers seeking opportunities in California’s legal cannabis industry.

In his health care litigation practice, Mr. Parnes represents health systems, physician groups, and a diverse array of other health care clients in high stakes litigation in federal and state court, as well as in arbitration. Mr. Parnes has successfully litigated large reimbursement cases against health plans and the government, recovering millions of dollars on behalf of health care providers. Mr. Parnes also defends health care providers in complex class action litigation. Mr. Parnes has vindicated his clients’ rights from pre-litigation through final hearing and/or trial.

Mr. Parnes has extensive experience representing various entities, stakeholders, lenders, owners, and real property developers in contract disputes, unfair competition actions, business tort cases, anti-SLAPP actions, and administrative proceedings. Mr. Parnes’s clients look to him for practical and measured advice, including navigating disputes to avoid litigation where possible.

Reimbursement/Managed Care Disputes

  • Following early discovery, secured settlement for university hospital against major health plan for full principal, a compromised rate of interest slightly below the Knox-Keene rate, and full attorney’s fees and costs.
  • Following arbitration hearing, obtained award against major health plan on behalf of university hospital for principal damages, Knox-Keene interest, and attorney’s fees and costs.
  • Following evidentiary hearing before the Department of Health Care Services, secured settlement for large hospital system of all claimed damages.
  • Defeated motion for summary adjudication on eve of arbitration by major health plan of university hospital’s California False Claims Act cause of action.
  • Represented hospital clients in numerous breach of contract actions involving underpaid claims for hospital services, addressing issues related to medical necessity, coding, authorization, delegation, line item denials, and applicable rates, among others. These matters have resulted in hospitals recovering many millions of dollars either on the eve of arbitration or following arbitration.

Provider Defense

  • Defeated motion for class certification brought by plaintiff against physician group and its management company alleging violations of Consumers Legal Remedies Act and the Unfair Competition Law by failing to disclose in the emergency department before providing emergency services to plaintiff that physician group was not in-network with plaintiff’s insurance even though hospital was in-network.
  • Plaintiff alleged that hospital billed plaintiff in excess of the “reasonable value” that the hospital’s Conditions of Admission’s Financial Agreement purportedly guaranteed by sending him a bill for emergency services at the hospital’s full chargemaster rates which were allegedly “grossly excessive, unfair, and unreasonable.” Following Court of Appeal’s affirming trial court’s denial of motion for class certification, plaintiff amended complaint to bring individual claims for alleged violations of the Consumers Legal Remedies Act and Unfair Competition Law. Hospital demurred and secured settlement below nuisance value.
  • Secured summary adjudication for physician group and its management company of class plaintiff’s allegations that physicians violated the Consumers Legal Remedies Act and the Unfair Competition Law by failing to disclose in the emergency department before providing emergency services to plaintiff that physician group was not in-network with plaintiff’s insurance even though hospital was in-network.
  • Secured settlement following mediation for medical transportation provider against county health plan alleging breach of contract and a violation of the California False Claims Act for less than 20% of the health plan’s damages claim.
  • Secured voluntary dismissal for university hospital following filing of demurrer against Covid-19 testing laboratory alleging underpayments for those testing services.

Business/Commercial Litigation

  • Secured complete defense in two stages for former CEO and co-owner against Cross-Complaint brought by co-owner following business failure involving breach of contract, fraud, and financial elder abuse claims. Following targeted requests for production, special interrogatories, and a two-hour deposition, secured summary adjudication of seven out of eight causes of action. First-chaired arbitration and secured judgment as a matter of law on remaining claim for Accounting after adversary co-owner rested her case.
  • Obtained Ex Parte Writ of Possession, Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction for provider of supported living services on cross-complaint against disgruntled former manager, inside co-conspirator, and their newly formed competing company alleging violations of California’s Computer Data Access and Fraud Act (Penal Code section 502) and Unfair Competition Law (among others) for Cross-Defendants’ brazen theft of provider’s sensitive data including its clientele’s Protected Health Information.
  • Obtained summary judgment as plaintiff for commercial landlord in unlawful detainer action for tenant’s failure to pay rent and covenant breaches. Following eviction judgment, obtained order for recovery of all incurred attorney’s fees and costs.
  • Represented buyers of large residential home where sellers failed to disclose concealed defects and prior construction defect litigation by sellers. One seller cross-complained against buyers. Following buyers’ Anti-SLAPP Motion to the cross-complaint, buyers secured favorable settlement of all claims against sellers, buyers’ broker, and sellers’ broker.

Admissions

  • California

Education

  • UC Davis School of Law, J.D.
    • Articles Editor on the UC Davis Law Review
    • External Vice President of the Law Students Association
    • Research assistant to Professor Darien Shanske regarding state and local tax issues
  • San Diego State University, B.A., Philosophy, magna cum laude, with distinction
    • Phi Beta Kappa - Member

  • Recognized by Super Lawyers Magazine as a Northern California “Rising Star” from 2022-2024.
  • Named as one of Sacramento Magazine’s Top Lawyers in the field of General Litigation, Health Care from 2023-2024 .

  • California Society for Healthcare Attorneys
  • Sacramento County Bar Association – Health Law Section

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