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MATTHEW Y. BISCAN

PRACTICE FOCUS

A substantial portion of Mr. Biscan's practice is the representation of medical professionals and health care institutions. His representation includes matters ranging from licensing issues and business operations to malpractice and private and government insurance issues. Institutional clients he has represented in this context include hospitals, student medical services, outpatient surgical centers, rehabilitation centers, nursing homes, mental health centers, medical group practices, managed care organizations, dental plans, and insurance companies. He has been a guest lecturer at the University of Colorado Health Sciences Center, and consults with medical professionals and institutions on risk management and other medical/legal issues, including regulatory compliance.

As an adjunct to Mr. Biscan's health care practice, he also represents employers, employee benefit plans, and insurers in litigation over the denial and termination of benefits under life, health, and disability plans and policies.

Mr. Biscan's practice includes the defense of general and product liability claims, and commercial litigation. Typical of his clients in these areas of law are a national retailer, one of the largest residential housing companies in the Country, a national manufacturer, and major insurers. Mr. Biscan enjoys the confidence of many local businesses and individuals as well.

He tries cases in state and federal courts, before administrative agencies, and in arbitrations and other alternative dispute resolution forums.

Before entering private practice, Mr. Biscan practiced law with Mountain States Legal Foundation, a public interest law firm, where he was responsible for federal and state litigation at the regulatory, district court, and appellate levels in the areas of natural resource, environmental, and land use planning law. He has also served as a staff attorney in the Office of the General Counsel, United States General Accounting Office, where he authored opinions and decisions of the Comptroller General, analyzed and commented on proposed regulations, and responded to Congressional inquiries. His practice addressed public contract law, federal personnel law, transportation and environmental law, and general government affairs.

EDUCATION

Juris Doctor: The George Washington University, 1984

Bachelor of Arts: St. John's University, 1981; Major: English

BAR ADMISSIONS

New York, 1985; Colorado, 1986; Minnesota, 1986

United States District Court, District of Colorado

United States Claims Court

United States Courts of Appeals, Fifth, Seventh, Ninth, and Tenth Circuits

United States Supreme Court


CAREER DISTINCTIONS

DRI, The Voice of the Defense Bar, State Leadership Award, 2000

Listed in the Heritage Foundation's Guide to Public Policy Experts, Fifth Edition, 1986

Outstanding Achievement Award, United States General Accounting Office, 1985

The General Counsel's Special Commendation, Office of General Counsel, United States General Accounting Office, 1985

Intern to the Honorable Robert J. Yock, United States Claims Court, 1983 to 1984

Vigil Honor, Order of the Arrow; Eagle Scout, Boy Scouts of America

PROFESSIONAL ASSOCIATIONS

DRI, the Voice of the Defense Bar
- Board of Directors 2001 - 2004
- Board Liaison to the Product Liability Committee
- Medical Liability and Health Care Committee (Program Chair, 2000)

International Association of Defense Counsel

Colorado Defense Lawyers Association
- Board of Directors

American Health Lawyers Association

American Bar Association (Health Law Section)

Colorado Bar Association

First Judicial District Bar Association

PUBLICATIONS

Chapter Co-Author, "Disarming Women: Comparing 'Gun Control' to Self-Defense," Liberty for Women, Independent Institute/Ivan R. Dee, Chicago, 2002

Author, "Defending Claims for Injunctive Relief in Business Litigation," For the Defense, March 1999

Author, "Coverage for Experimental Treatments: The Litigation and Regulation Environment," For The Defense, August 1996

Author, The Work Incentive Program Digest, Office of Administrative Law Judges, U.S. Department of Labor, 1983

Contributing Author, chapter on the law of Colorado, Health Care Discounting, American Law Firm Association, 2003

Contributing Author, chapters on the law of Colorado and Nebraska, Confidentiality of Medical Records, American Law Firm Association, 2000

Contributing Author, chapter on the law of Colorado, 50 State Compendium of Significant Case and Statutory Law Related to Workplace Violence, American Law Firm Association, 1997

Contributing Author, chapters on the law of Colorado, Idaho, Iowa, and Wyoming, 50 State Compendium of Significant Case and Statutory Law Related to Health, Life and Accident Claims and Litigation, American Law Firm Association, 1995

Editor, Health Care Law: Managed Care Liability, Telemedicine Licensing and the Corporate Practice of Medicine Doctrine, American Law Firm Association, 1999

PUBLIC COMMENT

Mr. Biscan has appeared on a national network news program and has had legal commentary published in nationally distributed and local newspapers and journals. His public speaking experience is extensive and includes debates on National Public Radio, speeches to industry groups, and lectures for continuing legal education and medical school seminars. He has appeared on a nationally syndicated radio program, and has been interviewed and quoted by Forbes, Medical Economics, Managed Care Magazine, Lawyers Weekly, National Underwriting, Business Insurance, Best's Week and Lawcast.com.
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RECENT SPEAKING ENGAGEMENTS

Defending Nursing Homes: A Different Look at the Problem of Profits over People," Kansas Association of Defense Counsel Annual Seminar, 2003

"New Laws Concerning Medical Record Confidentiality," Annual Seminar, Colorado Chapter of the Case Managers Association, 2003

"The Impact of Insurance Coverage on Nursing Home Litigation," Defense Research Institute Nursing Home Litigation Seminar, 2003

"Formation of a Captive Insurer," Defense Research Institute Nursing Home Litigation Seminar, 2002

"Market Conduct Examinations in Managed Care," ABA Health Law Section 5th Annual Managed Care Law Summit, 2002

"COBRA, HIPAA, and FMLA Compliance," ADP Workplace Blueprint Seminar, 2001

Testimony on HB 01-1302 (managed care liability) before the House Health, Environment, Welfare & Institutions Committee, Colorado General Assembly, 2001

Testimony on SB 61 (confidentiality of medical records) before the Senate Health, Environment, Children & Families Committee, Colorado General Assembly, 2001

"The Impact of Litigation on the Confidentiality of Mental Health Records," Confidentiality of Medical Records for Colorado Mental Health Care Providers, Lorman Education Services, 2001

"HIPAA Privacy Mandates: Legal and Political Concerns," Good Health for Health Care, American Law Firm Association, 2000

Communicating During a Legal Crisis, Colorado Healthcare Communicators, 2000

"Planning for Long Term Care: Legal Consequences, " ATHENA Conference, Athena Foundation, 2000

"1986 Tort Reform and Subsequent Developments," Tort Reform Retreat, Colorado Association of Commerce and Industry, 1999

"Emergency Department Issues: Advance Directives and EMTALA," Risky Business II: Managing Conflict in Health Care, CMSA, CHARM, CMCC, 1999

"Market Conduct Examinations: The Regulatory and Litigation Environment," 10th Annual Managed Care Law Conference, American Association Of Health Plans and Health Law Section of the ABA, 1999

"COBRA, HIPAA, and FMLA Compliance," ADP Workplace Blueprint Seminar, 1999

Testimony on HB 99-1197 (managed care liability) before the House Health, Environment, Welfare & Institutions Committee, Colorado General Assembly, 1999

"Impacts of Managed Care," Preferred Chiropractic, Inc. (IPA) Annual Meeting, 1998

"Handling the TRO and Preliminary Injunction," Defense Research Institute Business Torts Seminar, 1998

"Legal Consequences of Multisource Assessment," 360º Assessment: Global USA* Conference, 1998

Testimony on HB 98 - 1205 (managed care liability) before the House Health, Environment, Welfare & Institutions Committee, Colorado General Assembly, 1998

COMMUNITY SERVICE

Jefferson Economic Council

- Board of Directors, 2002 - 2003
- General Counsel, 2003 -present
- Investor Relations Committee
- Policy Committee

Golden Planning Commission, 1998 - 2004 (Chair, 2000-2004)

Golden Historic Preservation Board, 1995 - 1998 (Vice Chair, 1997 - 1998)

Qualife Wellness Community

- Board of Directors, 1999 -2004

Contact:

Direct dial: 303-468-5403
Direct fax: 303-942-7360

 

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Clisham, Satriana & Biscan, L.L.C.
1512 Larimer Street, Suite 400
Denver, CO 80202


Tel (303) 468-5400
Fax (303) 468-5439