Heather J. Boysel

Heather Boysel is an experienced litigator and a leader for a wide range of clients in the healthcare space. Having secured millions of dollars for hospital clients from healthcare insurers, she is adept at navigating complex medical reimbursement disputes on clients’ behalf. Heather combines her legal savvy with a strong understanding of healthcare payment methodologies, ensuring her clients receive unmatched service and industry insight.

As Leader of Gammage & Burnham’s Healthcare Practice Group, Heather focuses on commercial litigation with a particular emphasis on the healthcare sector. She routinely handles medical reimbursement disputes, representing healthcare providers against commercial payors, Medicare auditors, AHCCCS contractors, and other governmental entities. Her comprehensive understanding of the legal protections and intricacies of healthcare payment methodologies—including AHCCCS, Medicare DRG payments, per diem payments, and healthcare provider liens—enables her to effectively advocate for her clients’ interests.

Heather provides valuable assistance to healthcare providers regarding regulatory compliance and governmental audit issues. Her background in bioengineering and medical billing enhances her fluency in representing healthcare providers in reimbursement issues, whether through administrative hearings, mediations, arbitrations, or court actions. This unique blend of legal knowledge and technical mastery positions her as a trusted ally for clients navigating the complexities of the healthcare system.

Heather’s commitment to her clients and her thorough understanding of the healthcare landscape make her an invaluable asset to those seeking effective legal representation in commercial litigation.

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