Ausley McMullen

Michael J. Glazer
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Contact

mglazer@ausley.com
123 South Calhoun Street
P.O. Box 391
Tallahassee, Florida 32302
Voice: (850) 425-5474
Fax: (850) 222-7560


Biography

Mike Glazer practices administrative and governmental law with an emphasis on health care matters. Mike was one of the first lawyers in Florida to achieve Florida Bar Certification in State and Federal Government and Administrative Law and is one of the small number of lawyers in the state to hold that designation. He regularly advises clients on a wide array of both state and federal regulatory issues. He has substantial experience in administrative law including the representation of clients in numerous cases before the Florida Division of Administrative Hearings. He also regularly interfaces with government officials on a wide range of issues, including the development of administrative rules, petitions for declaratory statements and others. More specific to health care, Mike has represented for profit, not-for-profit and governmental hospitals including general and specialty hospitals, mental health centers, nursing homes, home health agencies, pharmaceutical companies, medical gas suppliers, hospices, ambulatory care centers and a variety of different physician specialties. He has also provided legal services to insurance and managed care companies. Mike has represented numerous clients in major state and local bid protests and procurement matters. In addition to his regulatory practice, Mike also has significant appellate law experience with almost three-dozen reported appellate cases. Mike also practices media
law representing media organizations on a wide range of First Amendment issues, Public Records, Government in the Sunshine, defamation, access, subpoenas to reporters and related matters. In 2016, Mike was honored to be added to the Florida Trend Magazine Legal Elite Hall of Fame.

Admitted to Practice

  • State of Florida
  • State of Georgia
  • United State Supreme Court
  • Eleventh Circuit Court of Appeals
  • United States District Court for the Middle District of Florida
  • United States District Court for the Northern District of Florida
  • United States District Court for the Middle District of Georgia

Professional & Community Involvement

  • Florida Bar Board Certified in State & Federal Government & Administrative Law
  • The Florida Bar Board of Governors, 1998 - 2005
  • President, Tallahassee Bar Association, 1992-1993
  • The Florida Bar Health Law & Administrative Law Sections, member; Chair, 1997-1998
  • American Health Lawyers Association
  • Florida Academy of Hospital Attorneys

Education

  • J.D., Emory University, 1979
  • B.S., magna cum laude, Florida State University, 1976
  • Phi Kappa Phi

Extended Profile

Michael J. Glazer practices administrative and governmental law with an emphasis on health care matters. He regularly advises clients on a wide array of both state and federal regulatory issues. He has substantial experience in administrative law including the representation of clients in numerous cases before the Florida Division of Administrative Hearings, handling dozens of cases with trials lasting anywhere from several hours to complex cases with hearings lasting several months in length. These cases run the gamut, including certificate of need, disciplinary cases, bid disputes, rule challenges and others. His administrative trial experience includes cases before federal Administrative Law Judges. He also regularly interfaces with government officials on a wide range of issues, including the development of administrative rules, petitions for declaratory statements and others. Mike was one of the first lawyers in Florida to achieve Florida Bar Certification in State and Federal Government and Administrative Law and is one of the small number of lawyers in the state to hold that designation.

More specific to health care, Mike has represented for profit, not-for-profit and governmental hospitals including general and specialty hospitals, mental health centers, nursing homes, home health agencies, pharmaceutical companies, medical gas suppliers, hospices, ambulatory care centers and a variety of different physician specialties. He has also provided legal services to insurance and managed care companies. This work includes, among others, business transactions, contracts, compliance, fraud and abuse, licensure and certification, litigation (administrative and civil), Medicare, Medicaid and other third-party payors, mergers and acquisitions, privacy, professional discipline and licensure, regulatory issues including legislative and executive branch representation, self-referral and surveys.

In addition to his regulatory practice, Mike also has significant appellate law experience with almost three-dozen reported appellate cases. Mike also practices media law representing media organizations on a wide range of First Amendment issues, Public Records, Government in the Sunshine, defamation, access, subpoenas to reporters and related matters.

EDUCATION:
Florida State University - Bachelor of Science 1976
(Magna Cum Laude), Double major - Government, History
Emory University College of Law - J.D. 1979 (top 15%)        

LICENSES AND CERTIFICATIONS:
The Florida Bar Association (1979)
State Bar of Georgia (1979)
Florida Bar Board Certified in State & Federal
Government & Administrative Practice

RECOGNITION:
AV rated by Martindale-Hubbell
Florida Trend Magazine Legal Elite- 2006-2016 in Health Care Law
Listed in Best Lawyers In America- 2007-2015 in Administrative and Health Law

Florida Trend Magazine Legal Elite Hall of Fame


COURT ADMISSIONS:
United State Supreme Court
Eleventh Circuit Court of Appeals
United States District Court for the Northern
and Middle Districts of Florida and Middle District of Georgia
All state courts in Florida

MEMBERSHIPS:
American Bar Association
The Florida Bar
State Bar of Georgia
Tallahassee Bar Association
Tallahassee Women Lawyers
American Health Lawyers Association
Florida Hospital Association
Florida Association of Homes Services for the Aging
Phi Kappa Phi

PROFESSIONAL ACTIVITIES:
First District Court of Appeals Judicial Nominating Commission (2008-2013)
Florida Bar Board of Governors (1998-2005)
Florida Bar Judicial Independence Committee (2005-2007)
Second Judicial Circuit Professionalism Committee (2004-present)
President, Tallahassee Bar Association (1992-1993)
President-Elect, Tallahassee Bar Association (1991-1992)
Treasurer, Tallahassee Bar Association (1989-1990)
Board of Directors, Tallahassee Bar Association (1985-1993)
Health Law Section member (1989-present)
Health Law Section - Chair (1997-1998)
Health Law Section - Chair-elect (1996-1997)
Health Law Section - Executive Council (1990-1998)
Health Law Section - Secretary (1993-1994)
Second Judicial Circuit Grievance Committee (1991-1993)
    (Vice-Chair - 1991-1992) (Chair - 1992-1993)
Chair, 1991 Media Law Conference
Chair - 1993 Reporter's Workshop
Administrative Law Section member (1989-present)
Florida Bar Commission on Children - Bar Involvement
    Committee member (1989-1991)
IOTA Administration of Justice Committee Member (1988-1991)
Chairperson, Florida Bar Law Related Education Committee (1987-1988)
Vice-Chairperson, Florida Bar Law Related Education Committee (1985-1987)
Vice-Chairperson, Florida Bar Media Relations Committee (1985-1986)
Member, Florida Bar Media and Communications Law Committee (1983-1998)
Chairperson, Tallahassee Bar Association Law Related Education
    Committee (1985-1992)
Chairperson, Tallahassee Bar Association Naturalization Committee
Chairperson, Young Lawyers Section Bridge-The-Gap Seminar
    (Tallahassee location)
Vice-Chairperson, Young Lawyers Section Bridge-The-Gap Seminar
    (Tallahassee location)

COMMUNITY ACTIVITIES:
Partners for Excellence, Board and member of Steering Committee
(1985-1991)
Citizens for Better Schools Committee (1987)
Leon County Schools Foundation Board Member (1994-1997)
Board of Trustees, Temple Israel (2005-present)

    President(2013-2015)
Leadership Florida Class XXV (2006-2007)

Florida TaxWatch Board of Trustees (2015-present)



PRESENTATIONS:
Various presentations on issues relating to administrative law and procedure, health care fraud and abuse; risk management reporting requirements; confidentiality of medical records; certificate of need regulation; hospital cost containment regulation; Government-In-The-Sunshine Law; Public Records Law

REPRESENTATIVE EXPERIENCE:
Representing numerous hospital organizations in dozens of certificate of need cases, some of which have resulted in the approval and development of new hospitals and new hospital services in Florida.

Successfully defending an award of a contract to a managed care company as one of two successful bidders for a $200 million health insurance contract.

Serving as lead counsel for a group of hospitals seeking to overturn a state agency interpretation of a law reducing the state’s indigent care tax. This resulted in refunds of approximately $23 million to a group of hospitals.

Overturning a multi-million dollar award of a copier contract to a school board when our client’s bid was a rejected in what was proven to be an “arbitrary and capricious” decision when the case was tried before an Administrative Law Judge.

Handled all of the regulatory approvals for the change of ownership of three hospitals that occurred on the same day. This resulted in the transition of hundreds of different licenses, certificates, permits, etc in a smooth, coordinated fashion.

Obtaining a dismissal of a qui tam case against a rural hospital by a disgruntled former member of the medical staff. The dismissal was affirmed by the Eleventh Circuit Court of Appeals when we were able to successfully argue that the appeal was untimely. The U.S. Supreme Court refused to consider the case.

Successfully representing a public corporation that annually awards millions of dollars in tax credits for low income housing in its defense of a rule limiting standing in application challenge cases. Various administrative law attorneys informally thought the rule could not be successfully defended.



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