Marlene Fleming brings 20 years of experience in hospital administration and human resource management to private practice. Most recently, she served as Vice President of Human Resources and Compliance Officer and Legal Advisor for a 192-bed psychiatric hospital and its subsidiaries. She has also served as a human resource administrator for a major medical center and teaching hospital, and operations officer for a life care community and assisted living center. Her health care and employment law practice includes not only regulatory and health care matters affecting health care institutions, but also employment, discrimination and labor law litigation common to other types of businesses as well. She is experienced in Labor Relations and Employee Relations issues involving union and non-union work forces. She counsels employer clients with respect to day-to-day employment and management issues, including labor negotiations, compliance with state and federal regulations, and development of internal management policies and personnel policies, with an emphasis on preventing or avoiding potential future problems.

Ms. Fleming has represented employers and employees in the following issues and disputes:

• Representing a Physician before the ABIM and achieving the restoration of his Board Certification.
• Defending a Pennsylvania-based medical practice in a suit filed by an employee seeking to void non-solicitation and non-competition agreements, which included an injunction hearing in Lehigh County Court of Common Pleas.
• Defending a company in a federal case involving allegations of race discrimination, sex discrimination and retaliation by a former employee.
• Defending a union operated health care plan in a contract dispute raising ERISA preemption issues.
• Representing physician and radiology practices in establishing partnership, corporation and limited liability company structures under Pennsylvania, New Jersey and Delaware laws.
• Defending physicians and registered nurses in a Pennsylvania and New Jersey regarding licensure issues, including voluntary recovery program participation.
• Representing physicians in establishing provider status with insurance payers.
• Representing physician employee in age and sex discrimination action before internal board and in EEOC mediation.
• Representing a healthcare provider in a False Claims Act action resulting in a negotiated settlement.
• Representing physician employees in contract negotiations with health care providers.
• Designing, implementing and auditing a corporate compliance program for a psychiatric hospital designed to ensure compliance with employment laws and regulations and Medicare/Medicaid regulations and to minimize financial risk for inadvertent lapses in compliance.
• Successfully resolving a claim brought by the DOL, Occupational Safety Health Administration Review Commission, against a client in a manufacturing industry. The client was able to avoid a potential shutdown of operations and obtain a substantial reduction in civil penalties.

Ms. Fleming represents licensed professionals, individuals and businesses in civil, business, administrative proceedings. She regularly represents licensed health care providers. Ms. Fleming specializes in reviewing and negotiating physician contracts and business transactions, defending physicians, pharmacists, dentists, therapists, licensed and registered nurses and other professionals in professional licensing cases, representing professionals in investigations, and defending physicians in credentialing matters with medical boards and specialty practice boards. She has recently represented a physician before the American Board of Internal Medicine (ABIM), achieving the restoration of his board certification.

Areas of Practice

• Health Care and Employment Law Practice
• Health Care Institutions
• Labor Law Litigation
• Businesses

Bar Admissions

• Pennsylvania
• New Jersey
• U.S. District Court
• U.S. Court of Appeals 3rd Circuit

Education

• Capital University Law School, Columbus, Ohio, 1978
  J.D.
  
  
• Duquesne University, 1970
  M.S.
  
  
• West Liberty State College, 1965
  B.S.
  
  

Professional Associations and Memberships

• Nicolas A. Cipriani Family Law Inn of Court
  
  

Past Employment Positions

• Cox and Ohman, Idaho, Attorney, 1978 - 1980
• Thermasol Energy Systems, lnc., In-House Counsel, 1980 - 1983
• Human Resource Administration, Albert Einstein Medical Center, 1983 - 1989
• Nursing Home Facility Administration, Martins Run Life Care Community, 1989 - 1991
• Blackburn and Michelman, Attorney, 1991 - 1994
• Human Resource and Hospital Administration, Friends Hospital, 1995 - 2005