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Richard Y. Cheng

Member

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Practice Areas

Healthcare   |   Corporate   |   Cannabis

 

Richard Y. Cheng’s practice focuses on corporate transactions, regulatory, compliance matters, and administrative appeals. His health care law practice includes representation of postacute care providers (e.g., nursing facilities, assisted living communities, continuing care retirement communities, home health care agencies, hospices, rehabilitation providers), community hospitals, management service organizations (MSOs), private equity groups and investors in health care, physician groups, ancillary providers (e.g., pharmacies, durable medical equipment companies, labs), retail medicine providers (e.g., urgent care centers, ambulatory surgery centers, emergency rooms), dental service organizations (DSOs), behavioral health, chiropractors, and veterinary practices.

Richard has considerable experience representing clients involving the Stark Law, the Anti-Kickback Statute, the False Claims Act, the Eliminating Kickbacks in Recovery Act, HIPAA, the HITECH Act, the Civil Monetary Penalties Law, state-based health care regulations, Medicare-related transactions (e.g., change of ownership), licensure surveys, the formation of MSOs and DSOs, managed care organization payment matters, Medicaid contracting, and Medicare appeals before administrative law judges.

Prior to joining Weaver Johnston Nelson, Richard was an equity partner and a member of the health care sector at one of the largest AmLaw 100 global firms. During his tenure, he launched the firm’s hemp/hemp products practice group, where he led multiple initiatives in building the firm’s reputation in cannabis. In addition, Richard formerly served as vice president and general counsel at two separate health care companies, where he assisted with change-of-ownership transactions, counseled on health care operational matters, and worked closely with outside counsel managing multiple litigation matters. He also created the medical appeals departments at both health care organizations, overseeing multiple staff members whom he trained, resulting in the successful recovery of millions of dollars in governmental and private health care insurance claims. Early in his career, Richard worked as a licensed occupational therapist; served as an adjunct faculty at multiple universities; and lobbied in Washington, D.C., through the American Occupational Therapy Association

In addition to his traditional health care practice, Richard developed a cannabis regulatory and corporate practice in 2013. As a leading cannabis attorney, Richard served as outside general counsel to the Texas Cannabis Industry Association, coauthored an FDA primer in preparation for the 2019 FDA public hearing on CBD products and has been named a top 250 cannabis legal expert by Databird Research Journal. He represents a broad base of cannabis-related clients, including private equity groups investing in the cannabis industry, physicians, medical marijuana dispensaries, seed developers, cultivators, processors, wholesalers, retailers, distribution centers, and ancillary providers (e.g., testing labs, biomass brokerage firms) and marketers.

  • NSU Shepard Broad College of Law, J.D.
  • University of Memphis, M.B.A.
  • Texas Tech University Health Sciences Center, B.S.O.T./M.O.T.
  • University of Texas Health Science Center at Houston, Graduate Certificate of Public Health
  • Texas
  • Minnesota
  • U.S. District Court for the District of Minnesota
  • U.S. District Court for the Northern District of Texas
  • Healthcare
  • Corporate
  • Cannabis
  • D CEO Magazine & Association of Corporate Counsel – Best Corporate Counsel Finalist, Solo Category, 2011-2012
  • D Magazine – Best Lawyers in Dallas, 2015, 2017-2020, 2021
  • Dallas Business Journal – Best Corporate Counsel Rising Star Award, 2011
  • National Diversity Council – Legal Diversity Champion Award, 2012
  • Texas Lawyer Magazine – Featured General Counsel, 2012
  • Texas Occupational Therapy Association, Distinguished Service Award, 2011-2012
  • Texas Tech University Health Sciences Center – Distinguished Alumni Award, 2010
  • Thomson Reuters – Texas Rising Stars, 2015-2017
  • Databird Research Journal – Top 250 Cannabis Expert, 2018
  • Cannabis Law Journal – Global Top 200 Cannabis Lawyers Listing, 2020-2022
  • Certified Healthcare Compliance professional with the Compliance Certification Board
  • American Bar Association, Health Law Section (Chair of Post-Acute Care Continuum Task Force)
  • American College of Health Care Executives, North Texas Chapter
  • American Health Lawyers Association, Post-Acute/Long Term Services Section
  • Collin County Bar Association, Corporate Counsel and Solo/Small Firm sections
  • Dallas Asian-American Bar Association (Board of Directors, 2013-2015)
  • Dallas Association of Young Lawyers Foundation (Life Fellow; Leadership Class Selected Member, 2011)
  • Dallas Bar Association, Health Law Section
  • Frisco Chamber of Commerce (Leadership Class Member, 2015)
  • Texas Healthcare Advisory Council (Board of Director, 2017-2020)
  • Health Care Compliance Association
  • Helping Restore Ability (Board of Director)
  • National Asian Pacific American Bar Association
  • International Cannabis Bar Association
  • State Bar of Texas, Health Law Section (Diversity in the Profession Committee, 2016-2019; Texas Minority Counsel Program Steering Committee, 2016)
  • Texas Assisted Living Association (Public Policy Committee Member)
  • Texas Association of Home Care & Hospice (Governmental Affairs Committee)
  • ”Texas Medical Marijuana Operators ‘Push but Not Shove’ to Expand State’s Limited MMJ Program”
  • ”Consequences of producing non-compliant hemp,” July 16, 2020
  • ”Economic relief for hemp farmers in a new round of funding in response to COVID-19,” May 5, 2020
  • ”COVID-19 emergency declaration allows Centers for Medicare & Medicaid Services to issue 1135 waivers, 1915(c) waivers and changes to survey and audit processes,” April 6, 2020
  • ”CARES Act may offer relief for medical practices, but raises questions for private equity-backed practice management companies,” April 3, 2020
  • ”COVID-19: Financial relief programs for hemp and hemp-related businesses,” April 3, 2020
  • “HealthTech: Law and Regulation – Ch. 14: Telemedicine: opportunities and challenges – a US perspective,” Edward Elgar, October 2020
  • “CMS Issues Best Practices Toolkit for Nursing Facilities in Response To COVID-19,” American Bar Association, May 14, 2020
  • “How the CARES Act Could Affect Nursing Facility Operators,” McKnight’s Long-Term Care News, April 15, 2020
  • “CMS and CDC Guidance on COVID-19 for Post-Acute and Long Term Care,” American Health Law Association, March 18, 2020
  • “3 Risk Categories for Providers Whose Patients Use Cannabis,” HomeCare Magazine, March 2, 2020
  • “Telehealth in SNFs – A proposal for MA plans,” McKnight’s Long-Term Care News, January 21, 2019
  • “Managing Whistleblowers and Whistleblower Cases,” McKnight’s Long-Term Care News, December 3, 2018
  • “Due Diligence in Distressed Community Hospitals,” The Bankruptcy Strategist, August 1, 2018
    “Office of Inspector General Voluntary Disclosures — Should I or Shouldn’t I?” McKnight’s Long-Term Care News, May 16, 2018
  • “How to Conduct an Effective Internal Investigation,” HomeCare Magazine, November 1, 2017
  • “Marketing Limitations in Health Care,” HomeCare Magazine, September 5, 2017
  • “Why LTC Operators Should Care About Anti-Kickback Statute Trends,” McKnight’s Long Term Care News, February 12, 2016
  • “Trump Administration and the Future of Medicare Certification,” The College Bulletin, Texas Bar College
  • “Post-Acute Care Provider Antidiscrimination Obligations,” American Health Law Association
  • Post-Acute and Long Term Services Advisor, Volume 18, Issue 3, October 15, 2015
  • “Electronic Health Records: What to Expect in 2016,” Texas Chiropractic Board Report, Volume 2, Issue 6, October 1, 2015
  • “Recognizing and Managing Acuity Creep in Assisted Living Facilities,” Inside TALA, September 5, 2015
  • “Audits Conducted by Medicare,” Dallas Bar Association’s Headnotes, July 1, 2015
  • “Preparing for a Healthcare Mediation,” TAHC&H Perspective, May 11, 2015
  • “The Legal and Operational Guide for Free Medical Clinics,” American Health Law Association, American Medical Association Foundation, and National Association of Free and Charitable Clinics, 2015
  • “Trolling for Medical Golden Nuggets,” Dallas County Medical Journal, Volume 101, Number 11
  • “Stark Law Concerns with Skilled Nursing Facility Medical Directors,” Texas Health Care Association, January 9, 2015
  • “Breaking Down Ebola Concerns,” McKnight’s Long-Term Care News, October 24, 2014
  • “Strategies to Combat Common Deficiencies in Assisted Living Facilities” Inside TALA, May 19, 2014
  • “YLS: The Laws Governing the Business of Cannabis”
  • “Top 10 Tips for Conducting a Hemp Business Transaction“
  • “How the Cannabis Industry Can Impact Your Practice”
  • Moderator, “The Impact of COVID-19 On An Attorney’s Practice, Clients and Well-Being During the Unprecedented Isolation of Shelter-in-Place,” Dallas Bar Association, Peer Assistance Committee, Online Webinar, July 17, 2020
  • “Cannabis: The Past, the Present, the Future Regarding Hemp, Medical and Recreational Cannabis, and the Myriad of Issues that Attorneys Should be Aware,” American Health Law Association Annual Meeting, Virtual, July 1, 2020
  • “Impact of Cannabis on Long-Term Care,” Texas Assisted Living Association Annual Conference, Austin, Texas, Live Stream, June 16, 2020
    Moderator, “Dallas Asian American Bar Association Connections: In-House Counsel Virtual Roundtable Part 2,” Online Webinar, May 21, 2020
  • Moderator, “Dallas Asian American Bar Association Connections: In-House Counsel Virtual Roundtable,” Online Webinar, April 9, 2020.
  • “Cannabis: The Past, the Present, the Future Regarding Hemp, Medical and Recreational Cannabis, and the Myriad of Issues that Attorneys Should be Aware,” American Health Law Association’s Physicians and Hospitals Law Institute, Phoenix, Arizona, February 10, 2020
  • “Legal Q&A Panel Discussion,” Texas Hemp Convention, Dallas, Texas, January 29, 2020
  • “Law Regarding Cannabis and Hemp,” Taos Healthcare Roundtable, Taos, New Mexico, January 23, 2020
  • “Cannabis Products’ Impact on Labor & Employment,” Tarrant County Bar Association, Fort Worth, Texas, December 17, 2019
  • “Impact of Cannabis on Long-Term Care,” Texas Assisted Living Association Regional Meeting, Houston, October 22, 2019
  • “Cannabis Law Update,” Dallas Area Paralegal Association, October 1, 2019
  • “Interplay Between Health Care and Cannabis,” Lucky Leaf Expo, Dallas, September 22, 2019
  • “Hemp in Texas: Issues in Implementation,” Texas Marijuana Policy Conference, Austin, Texas, August 30, 2019
  • “Impact of Medical Marijuana on Home Health & Hospices,” Texas Association of Home Care & Hospice Annual Conference, Grapevine, Texas, August 28, 2019
  • “Cannabis: The Next Frontier That Could Impact Your Practice,” American Bar Association Webinar, June 27, 2019
  • “Cannabis Law in Texas,” Dallas Bar Association, May 3, 2019
  • “Reefer Madness In Medicine and Beyond,” American Academy of Physician Life Care Planners 2019 Annual Assembly, San Antonio, Texas, April 11, 2019
  • “Cannabis – The Next Frontier That Could Impact Your Practice,” Collin County Bar Association, Plano, Texas, March 29, 2019
  • “Cannabis Law in Texas,” Dallas Bar Association, May 3, 2019
  • “Enforcement & Compliance: Home Health, Hospice and Nursing Homes,” 4th Annual Healthcare Enforcement Compliance Conference, Washington, D.C., November 4, 2018
  • “Regulatory Pitfalls Associated with Healthcare Investments & Compensation Arrangements,” HFMA Lone Star Summer Institute, Grapevine, Texas, August 24, 2018
  • “Physician Investment Opportunities – What Are The Regulatory Pitfalls?,” American Bar Association Physicians Legal Issues Conference, Chicago, June 7, 2018
  • “Industrial Hemp CBD Products – The Current Legal Outlook,” Dallas Bar Online, Science & Technology Law Section, Dallas Bar Association, May 21, 2018
  • “Selling Essentials for Hospice Marketers,” Speaker, Texas & New Mexico Hospice Organization’s Hospice Sales and Marketing Essentials Workshop, Dallas, May 7, 2018
  • “Legal Issues in the Cannabis Industry,” 23rd Annual Asian Pacific Interest Section, State Bar of Texas, Austin, Texas, April 27, 2018
  • “The Legal Implications of Healthcare Communications,” 36th Annual Convention of the Texas & New Mexico Hospice Organization, San Antonio, Texas, March 2, 2018
  • “Profitability Impacted by HIPAA & Texas Medical Records Privacy Act,” HFMA Lone Star Winter Institute 2018, January 26, 2018
  • “The Business of Cannabis,” Texas Cannabis Industry Association – Open Minds Night, October 2017
  • “Fraud and Abuse – Avoiding the Pitfalls That Can Be Interpreted as Healthcare Fraud,” Webinar, Texas Association for Home Care & Hospice’s Home Care 101, August 31, 2017
  • “Update on Medical Review Activities for Home Health and Hospice,” HealthCare ConsultLink Executive Leadership Summit 2017, St. Thomas, U.S. Virgin Islands, August 2, 2017
  • “Legal Concerns for Setting up a Business in the United States,” International Concierge Committee Meeting, Richardson Economic Development Partnership, July 20, 2017
  • “Privacy & Security of Protected Health Information Legal Concerns,” 33rd Annual TORCH Conference, June 29, 2017
  • “Forecast on Medicinal Cannabis,” DBA Health Care Section Meeting, June 21, 2017
  • “Introduction to Cannabis Taxation,” Litigation and Regulatory Concerns, Southwest Cannabis Conference & Expo, Fort Worth, Texas, April 22, 2017
  • “Managing Annuity Creep,” Texas Assisted Living Association, Galveston, Texas, April 12, 2017
    “Health Care Fraud,” HealthCare ConsultLink Quarterly Administrators Training Meeting, December 13, 2016
  • “Employer Intrusions and Expectation of Privacy by Employees,” Dallas-Fort Worth Healthcare Human Resources Association, December 7, 2016
  • “Emerging Topics in Cannabis Law,” State Bar of Texas 24th Annual Texas Minority Counsel Program, November 10, 2016
  • “Privacy & Security Compliance: HIPAA, HITECH Act & Texas HB 300,” 66th Annual Texas Health Care Association Convention, November 2, 2016
  • “Case Law & Legislative Update for Chiropractors,” The Parker Experience, Dallas, October 10, 2016
  • “Managing Protected Health Information Under HIPAA & Texas Privacy Law,” Tarrant County Bar Association Corporate Counsel Section, September 28, 2016
  • “Preventing Harassment & Discrimination in the Workplace,” Texas Association for Home Care & Hospice 2016 Annual Meeting, August 10, 2016
  • “Post-Acute Care Providers’ Anti-Discrimination Obligations,” Texas Assisted Living Association Annual Conference and Trade Show, April 20, 2016
  • “Physician Ancillary Services,” Denton County Medical Society, April 5, 2016
  • “Managing Protected Health Information Under HIPAA and Texas Privacy Laws,” Collin County Bar Association Corporate Counsel Section, March 15, 2016
  • “Compliance Trends For SNFs, ALCs & Hospices,” American Health Law Association Long-Term Care Conference, February 24, 2016
  • “Employer Rights with Open Carry,” Webinar, Texas Assisted Living Association, February 1, 2016
  • “Best Practices for Internships and Clerkships for 2Ls,” 5th Annual Texas Minority Law Student Program at UNT Dallas College of Law, January 22, 2016
  • “HIPAA, HITECH Act and Texas House Bill 300,” Texas Association for Home Care & Hospice Administrator Program, Houston, November 17, 2015
  • “Being an Expert Witness: Duties, Testimony, Expert Reports and Ethical Considerations,” Texas Rehabilitation Association’s Annual Conference, Galveston, Texas, September 28, 2015
  • “Employment Laws Affecting the Health Care Industry,” HealthCare ConsultLink Administrator Training, Irving, Texas, September 15, 2015
  • “Change of Ownership Preparation and Considerations,” TAHC&H Webinar Series, September 10, 2015
  • “Health Care Fraud,” Texas Physical Therapy Association Northern District Meeting, July 28, 2015
  • “Long-Term Care Facility Concerns in Licensure, Certifications, Operations and Transactions,” Health Care Partners Network, Dallas, March 25, 2015
  • “Health Care Fraud Concerns in Rehabilitation,” Texas Occupational Therapy Association, Sugar Land, Texas, November 6, 2014
  • “Confidentiality in Communication: With Residents, Staff and Family Members,” Texas Assisted Living Association, Dallas, November 5, 2014
  • “Long-Term Care Workforce, Licensures Involved, Changes of Ownership and OIG Exclusions of Certain Staff in Long-Term Care,” Dallas Bar Association, July 14, 2014
  • “A Look at Protecting Patient Information: HIPAA, HITECH Act and Texas HB 300,” Texas Speech-Language-Hearing Association’s 58th Annual Convention and Exhibition, Houston, February 27, 2014