Heather J. Boysel

As an experienced commercial litigation attorney with an emphasis in the healthcare field, Heather successfully obtained millions of dollars from health care insurers on behalf of her hospital clients. She routinely handles medical reimbursement disputes on behalf of providers against commercial payors, Medicare auditors, AHCCCS contractors and other governmental entities.

Heather understands the legal protections and intricacies of healthcare payment methodologies, particularly among AHCCCS, Medicare DRG payments, per diem payments and healthcare provider liens.  She also assists health care providers with regulatory compliance and governmental audit issues.  Her background in bioengineering and medical billing further fuels her fluency in representing healthcare providers with reimbursement issues through administrative hearings, mediations, arbitrations and court actions.

Court Admissions

• State Bar of Arizona
• United States District Court, District of Arizona

Publications

• Arizona Construction Law Book, HLK Global Communications (2015)

Published Opinions

• Wilhelm v. Brewer, 192 P.3d 404, 219 Ariz. 45 (2008): Represented citizens challenging compliance of a statewide initiative petition regarding homeowner warranties.
• Sklar v. Town of Fountain Hills, 207 P.3d 702, 220 Ariz. 449 (App. 2008): Represented ballot measure committee in lawsuit brought to invalidate referendum petition regarding rezoning of land in Fountain Hills.
• Aspen 528, LLC v. City of Flagstaff, 2012 WL 6601389 (App. 2012): Represented City of Flagstaff against Prop 207 claim by property owner who asserted that historic preservation overlay ordinance decreased its property value.
• Turken v. Gordon, 223 Ariz. 342 (2012): Represented developer who entered into development agreement with City of Phoenix against lawsuit brought by taxpayers alleging that the agreement violated Arizona’s Gift Clause.
• Arizona Physicians IPA, Inc. v. Western Arizona Regional Medical Center, 263 P.3d 661, 228 Ariz. 112 (App. 2011): Represented hospital seeking payment from a state AHCCCS contractor where AHCCCS contractor alleged hospital’s administrative claim disputes were not timely filed.
• Jones v. Paniagua, 212 P.3d 133, 221 Ariz. 441 (App. 2009): Represented citizen who submitted a referendum petition that was wrongfully rejected by the city clerk due to an incorrect interpretation of the statutory referendum signature requirements.
• Turner v. City of Flagstaff, 247 P.3d 1011, 226 Ariz. 341 (App. 2011): Represented City of Flagstaff against Prop 207 claim by property owner who asserted that historic preservation overlay ordinance decreased its property value.

Significant Representations

• Obtained a $1 million judgment against a commercial health insurer on behalf of a new hospital that had been improperly paid for services provided to Medicare Advantage plan members.
• Negotiated settlement of hospital’s underpayment claims against AHCCCS contractor where AHCCCS contractor improperly claimed hospital failed to timely submit administrative claim disputes.
• Defended the City of Flagstaff against Prop 207 claims made by multiple property owners following the passage of a historic preservation ordinance.
• Obtained $1 million judgment against borrowers for contested loan deficiency following a trustee’s sale.
• Obtained $15 million judgment against borrower and guarantors for contested loan deficiency following a trustee’s sale.
• Defended a commercial real estate borrower against a $6.5 million deficiency claim brought by a lender. Following trial, the court found that the fair market value of the borrower’s property was greater than the loan balance.
• Obtained an injunction against a former employee who failed to comply with a covenant not to compete.

Professional & Community Involvement

• Adelante Healthcare, Board Member
• Ladder Down, Graduate
• Maricopa County Bar Association, Member
• Arizona Forward, Regional Council Member
• Healthcare Financial Management Association, Programs Committee Member
• Arizona Society of Healthcare Attorneys, Member
• American Health Lawyers Association, Member
• American Bar Association, Health Law Section, Member