ARBITRATOR / HEALTH LAW ATTORNEY  

 

For over 40 years, Harold E. Kaplan represented health care providers for their full range of corporate, employment, reimbursement and related legal needs, including practice mergers, purchases and sales, managed care contracting, provider practice consulting, self-referral issues and fraud and abuse matters. 

Mr. Kaplan was formerly the Health Law Partner at a Florida Law Firm and he also previously practiced health law in New York City representing physicians, medical practices, numerous teaching hospitals and group providers.  He also formed and represented not for profit tax exempt organizations.  He was a hospital executive at not-for-profit teaching hospitals as well as investor-owned facilities.  Mr. Kaplan has served in senior administrative positions including as C.E.O. for Florida and New York hospitals.

 

He is a Florida Board Certified Health Law Attorney (1995-2020) and Past Chair of the Florida Bar's Health Law Section (2006-2007).  He was Chair of the Florida Bar's Health Law Section Board Certification Committee and frequently was the program chair and speaker for Florida Bar Health Law Section CLE programs.  He is admitted in Florida and New York.

 

Since 1998, Mr. Kaplan has been an arbitrator and neutral dispute resolver credentialed by the American Arbitration Association and the American Health Lawyers Association-Dispute Resolution Service.  He was also an approved Florida Arbitrator for the 17th Judicial Circuit and is currently a BBB - AutoLine arbitrator.  Since 2016, he as limited his practice to all facets of arbitration.  He is also currently admitted in North Carolina only as a pro bono attorney for Pisgah Legal Services, Asheville, North Carolina.

 

He is AV rated by Martindale-Hubbell® and listed in its register of Preeminent Lawyers (2002 - 2022).  He was voted a Florida Super Lawyer in 2007 through 2011.  He is a member of the American Bar Association's Dispute Resolution Section.

 

Mr. Kaplan is a graduate of Pace University, School of Law (J.D. 1983), Pace University, Lubin School of Business, (B.B.A. 1972 with triple major of Law, Taxation and Economics), the University of Ottawa, Graduate School of Health Administration (M.H.A. 1974), and the Nova University Circuit Civil Dispute Resolution program (1998).  He has attended the American Bar Association's Alternative Dispute Resolution Section's three day arbitrator's training institute, the American Health Lawyers Association - Alternative Dispute Resolution Service  (AHLA - ADRS) training program and numerous other continuing arbitrator educational programs, as listed in this web site. 

 

He is an experienced arbitrator and neutral dispute resolver credentialed by the AHLA-ADRS, the American Arbitration Association's Health Care Panel and its Mergers and Acquisitions Panel, and he is also a Florida Supreme Court credentialed arbitrator.  He is also credentialed by the National Office of the Better Business Bureau to arbitrate Autoline cases.  He was a certified arbitrator for the Florida Bar Grievance Mediation and Fee Arbitration Program.


He has been involved with the health care industry since 1974 and has extensive health care related experience, both as a hospital executive and as a health law attorney, involving an extensive array of matters which makes him ideally suited to serve as an arbitrator or mediator for a variety of disputes.  A further advantage is that as a sole practitioner, Mr. Kaplan has far fewer arbitrator’s disclosures, making it less likely that he will have disclosures which would disqualify him in a case, and avoid delaying the arbitration.

 
Regarding cases, we was an arbitrator in three-member panels of neutrals, in a case which featured extensive and wide ranging third party payor dispute between two public companies involving tens of thousands of claims with a very high dollar value and highly complex discovery processes.

 
He was the sole arbitrator in a complex arbitration between a medical practice and a former shareholder with a very high dollar value, with issues involving jurisdiction, dispositive motions, extensive discovery and a dispute concerning the parties' pre-award settlement negotiations, and presided over a complex five day hearing with two nationally qualified experts (who are references), numerous fact witnesses and the parties' six attorneys (who are references).

 
He frequently has served as the sole arbitrator for contract disputes between hospitals and physicians and he has also served as the sole arbitrator in several payment disputes between HMOs and other payors and providers.  He was the sole arbitrator in a payment dispute between a health insurance company and a hospital. He was selected by two different ADR services to be the sole arbitrator in where an emergency injunction was sought, one regarding enforcing a non-compete, and the other seeking to prevent the termination of a provider payor agreement.


He has also arbitrated disputes on his own client's behalf, including payment issues and business/contractual disputes and he has provided consulting services for trial attorneys in complex arbitration cases.

Mr. Kaplan's references are listed on his AAA and AHLA - ADRS profile.  Please call or email for additional references.

Mr. Kaplan has lectured on arbitration and dispute resolution subjects.  He has presented for the Florida Bar, at Florida International University, the Florida Hospital Association, the Broward County Medical Association, and for hospital Medical Staffs.  He has also authored articles on arbitration and alternative dispute resolution.  He is listed in the Sixth Edition of Marquis' Who's Who in American Law and in the Fourth Edition of Who's Who of Emerging Leaders in America.