Biography

DANIEL C. FUNDAKOWSKI is an Associate in the Health Care and Life Sciences practice, in the Washington, DC, office of Epstein Becker Green. Mr. Fundakowski represents a broad-based group of clients in the health care industry on a variety of regulatory, fraud and abuse, compliance, and reimbursement matters.

Mr. Fundakowski provides legal and strategic advice to pharmaceutical and medical device manufacturers, hospitals and health systems, major academic medical centers, health plans and managed care organizations, dialysis companies, skilled nursing and long-term acute care facilities, pharmacies, durable medical equipment suppliers, pharmacy benefit management companies, private equity and financial services firms, and a variety of other health care-related entities.

Representative Experience

Mr. Fundakowski’s recent work includes:

  • Counseling clients on various health care fraud and abuse laws, including the False Claims Act, the Anti-Kickback Statute, the Physician Self-Referral (Stark) Law, and the Civil Monetary Penalties Law
  • Representing clients in litigation as well as in connection with government audits, inquiries, investigations, and negotiation of corporate integrity agreements
  • Advising clients on structuring business arrangements, sales and marketing initiatives (including patient assistance programs), and other activities to comply with state and federal fraud and abuse laws, as well as other statutory and regulatory requirements
  • Conducting internal investigations and assisting clients with self-disclosures
  • Defending clients on antitrust matters, including matters before the Federal Trade Commission, U.S. Department of Justice, and state attorneys general

Education and Personal Background

In a joint degree program, Mr. Fundakowski received his J.D., with a Health Law Certificate, from Saint Louis University School of Law and his M.H.A. from Saint Louis University School of Public Health. During that time, he served on the Editorial Board of the Saint Louis University Law Journal.

During law school, Mr. Fundakowski clerked in the U.S. Attorney's Office in the Eastern District of Missouri, where he worked on health care fraud and abuse investigations. He also interned at Cleveland, Ohio’s largest multispecialty academic medical center, and at a nonprofit provider of continuing care communities for seniors.

Additionally, during law school, Mr. Fundakowski spent a semester in Washington, DC, clerking full time for the Health Care Division of the Federal Trade Commission, Bureau of Competition. In this capacity, he assisted with antitrust and competition law investigations and related proceedings within the health care sector.

Mr. Fundakowski regularly writes and speaks on health care compliance, fraud and abuse, and reimbursement matters. He is a recipient of the 2016 Burton Award for Distinguished Legal Writing for his work on the criminalization of health care noncompliance.

A native of Saint Louis, Missouri, Mr. Fundakowski enjoys distance running, fishing, and following major league baseball.

Education

  • Saint Louis University School of Law (J.D., 2012)
    • Editorial Board, Saint Louis University Law Journal,
    • Health Law Certificate – Center for Health Law Studies
  • Saint Louis University (M.H.A., 2012)
    • School of Public Health
  • Butler University (B.A., 2008)

Court Admissions

  • U.S. District Court, District of Columbia

Bar Admissions

  • District of Columbia
  • Missouri

Memberships

  • American Bar Association, Section of Antitrust Law Civil Practice and Procedure Committee
  • American Health Lawyers Association