Richard Y. Cheng, JD, CHC

Member / Attorney at Weaver Johnston & Nelson, PLLC
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Contact Information
Location
Dallas, Texas, United States, US
Languages
  • English Native or bilingual proficiency
  • Mandarin Chinese Limited working proficiency

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Brett Larson

I am a client as well as a personal colleague of Richard's. So it is my pleasure recommend him from both a professional and a personal perspective. Richard is highly knowledgeable, energetic and resourceful. He is the kind of hard-working person who raises the performance of his peers by leading from the front. It is truly a pleasure to work with him as a lawyer and as an active contributor to our community. Please don't hesitate to contact me for a reference.

Larry Johannes

Richard, in my opinion is one of the finest attorney's that I've ever had the privilege to work with. He is intelligent, precise, detail oriented and exhibits the highest level of integrity. Those of us who have ever had the privilege to know and work with him are better off for it. I recommend him highly.

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Credentials

  • SCSE Ambassador
    National Hemp Association
    Mar, 2021
    - Sep, 2024
  • Certified in Health Care Compliance (CHC)
    Compliance Certification Board (CCB)®
    Aug, 2015
    - Sep, 2024
  • Certification in International Law Practice
    Nova Southeastern University Shepard Broad Law Center
    May, 2006
    - Sep, 2024

Experience

    • United States
    • Law Practice
    • 1 - 100 Employee
    • Member / Attorney
      • Aug 2020 - Present

      As a Member of a healthcare and cannabis boutique law firm, my focuses on corporate transactions, regulatory, compliance matters and administrative appeals. My healthcare law practice includes representation of post-acute care providers (e.g. nursing facilities, assisted living communities, CCRCs, home health care agencies, hospices, rehabilitation providers), community hospitals, management service organizations (MSOs), private equity groups & investors in healthcare, physician groups, ancillary providers (e.g. pharmacies, DME companies, labs), retail medicine providers (e.g., urgent care centers, ASCs, ERs), dental service organizations (DSOs), behavioral health, chiropractors, veterinary practices. In addition, I have considerable experience representing clients involving Stark Law, Anti-Kickback Statute, FCA, EKRA, HIPAA, HITECH Act, Civil Monetary Penalties (CMPs), state based healthcare regulations, Medicare-related transactions (e.g. change of ownership) licensure surveys, formation of MSOs and DSOs, managed care organization (MCO) payment matters, Medicaid contracting and Medicare appeals before administrative law judges. Also, I launched the alternative substances regulatory practice at Weaver Johnston Nelson, an area of practice I started in 2013. As a leading cannabis attorney, I served as outside general counsel to the Texas Cannabis Industry Association, co-authored a FDA primer in preparation for the 2019 FDA public hearing on CBD products and have been named a top 250 cannabis legal expert by DataBird Research Journal. I represent and regularly advise 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, etc.) and marketers. Further, I advise on kratom regulatory and a broad range of legal issues. Show less

    • Board Member
      • Feb 2021 - Present

      Serve as a board member for a Texas based advocacy trade association in the cannabis industry to provide lobby activities at the Texas Legislature, Texas Department of Agriculture, Texas Department of State Health Services, and any other Texas state or local governmental entity. Texas Cannabis Council also collects information and data about cannabis, its use, the industry, and the health and safety of its customers to serve as a reliable source of information to policy makers. https://www.txcannabiscouncil.org Show less

    • United States
    • Higher Education
    • 1 - 100 Employee
    • Adjunct Professor - Cannabis Law
      • Aug 2020 - Present

      Created and teaching UNT Dallas College of Law’s first cannabis law course. This course covers legal matters related to cannabis users, suppliers, third parties and the legislative climate for the cannabis industry. Created and teaching UNT Dallas College of Law’s first cannabis law course. This course covers legal matters related to cannabis users, suppliers, third parties and the legislative climate for the cannabis industry.

    • United States
    • Wellness and Fitness Services
    • 1 - 100 Employee
    • Board Member
      • Dec 2019 - May 2022

    • Interim Chief Operations Officer
      • Aug 2020 - Oct 2021

      Provide guidance and supervision to a myriad of initiatives, including operations, strategic planning, capital raising assessments and develop of clinical research to a hemp cannabinoid bio-pharmaceutical company.

    • United Kingdom
    • Law Practice
    • 700 & Above Employee
    • Partner / Attorney
      • Jan 2019 - Aug 2020

      National healthcare and cannabis law practice, representing post-acute care providers (e.g. nursing facilities, hospices, home health care agencies, hospices, rehabilitation providers), community hospitals, physician groups, ancillary providers, retail medicine providers, management service organizations (MSOs), dental service organizations (DSOs) regulated products providers (e.g. hemp based businesses), private equity groups, investors I regularly counsel clients with respect to corporate transactions, healthcare regulatory and compliance matters, cannabis regulations (e.g. FDA regulations, CSA, hemp regulations and state based cannabis licensing) administrative appeals. My representation involves Stark Law, Anti-Kickback Statute (AKS), FCA, EKRA, MACRA, HIPAA, HITECH Act, Medicare related transactions (e.g. CHOWs) licensure surveys, formation of MSOs and DSOs, managed care organization (MCO) payment matters, Medicaid contracting and Medicare appeals before administrative law judges. I regularly serve as special counsel to criminal defense attorneys and clients being prosecuted for health care fraud and abuse matters by the federal and/or state government. In such roles, I help educate criminal defense attorneys on health care regulatory violations (e.g. AKS, OIG exclusion issues, etc.), operations, assess plea offers and sentencing. In addition to my traditional healthcare practice, I represent and regularly advise a broad base of cannabis related clients, including, physicians, private equity groups investing in the cannabis industry, cultivators, processors, wholesalers, retailers, distribution centers and ancillary providers (e.g. testing labs, biomass brokerage firms, etc.) in regulatory and corporate matters. I was the primary attorney who launched the hemp and hemp products working group at DLA Piper. I am a member of the firm's national healthcare industry sector and corporate practice group. I also launched the firm’s hemp practice group. Show less

    • United States
    • Law Practice
    • 700 & Above Employee
    • Member / Attorney
      • Jan 2018 - Jan 2019

      Expansive healthcare and cannabis law practice, with particular concentration representing post-acute care providers (e.g. SNFs, ALFs, CCRCs, HHAs, hospices), community hospitals, physician groups, pharmacies, med-spas, labs, DME companies, regulated products providers (e.g. medicinal cannabis & industrial hemp CBD products), rehabilitation providers and ancillary providers (e.g. dentists, chiropractors and optometrists). I regularly counsel clients with respect to corporate transactions, healthcare regulatory and compliance matters, cannabis related regulations and administrative appeals. My representation involves Stark Law, Anti-kickback, FCA, MACRA, HIPAA, HITECH Act, Medicare related transactions (e.g. CHOWs) licensure surveys, formation of management services organizations (MSOs), managed care organizations (MCOs) payment matters and cannabis related businesses. I regularly assist with provider appeals before ALJs with the Office of Medicare Hearings and Appeals, Departmental Appeals Board, Civil Remedies Division and State Office of Administrative Appeals. I regularly serve as special counsel to criminal defense attorneys and clients being prosecuted for health care fraud and abuse matters by the federal and/or state government. In such roles, I help educate criminal defense attorneys on health care regulatory violations (e.g. Anti-kickback, OIG exclusion issues, etc.), operations, assess plea offers and sentencing. I am a member of the firm's national healthcare and cannabis practice groups. Show less

    • United States
    • Law Practice
    • 200 - 300 Employee
    • Shareholder / Attorney
      • Nov 2016 - Jan 2018

      Expansive healthcare law practice, with particular concentration representing post-acute care providers (e.g. SNFs, ALFs, CCRCs, HHAs), community hospitals, physician groups, med-spas, labs, DME companies, regulated products providers (e.g. medicinal cannabis), rehabilitation providers and ancillary providers (e.g. dentists, chiropractors and optometrists). I regularly counsel clients with respect to corporate transactions, healthcare regulatory and compliance matters, cannabis regulations and administrative appeals. My representation involves Stark Law, Anti-kickback, FCA, MACRA, HIPAA, HITECH Act, Medicare related transactions (e.g. CHOWs) licensure surveys, formation of management services organizations (MSOs), managed care organizations (MCOs) payment matters and cannabis related businesses. I regularly assist with provider appeals before ALJs with the Office of Medicare Hearings and Appeals, Departmental Appeals Board, Civil Remedies Division and State Office of Administrative Appeals. I regularly serve as special counsel to criminal defense attorneys and clients being prosecuted for health care fraud and abuse matters by the federal and/or state government. In such roles, I help educate criminal defense attorneys on health care regulatory violations (e.g. Anti-kickback, OIG exclusion issues, etc.), operations, assess plea offers and sentencing. In addition, I represent multiple hospitality providers in administrative agency, HR/management and employment matters. Show less

    • Partner/Attorney, Health Care Practice Group Co-Head
      • May 2015 - Nov 2016

      Serve as the co-head of Shannon Gracey’s Healthcare Group. I have an extensive healthcare law practice, with particular concentration representing skilled nursing facilities, assisted living facilities, home health agencies, community hospitals, physician groups, hospices, rehabilitation providers and regulated product providers (e.g. medicinal cannabis). I counsel clients with respect to corporate transactions, healthcare regulatory and compliance matters, cannabis regulations and administrative appeals. I have considerable experience representing clients involving Stark Law, Anti-kickback, HIPAA, HITECH Act, Medicare related transactions (e.g. CHOWs) licensure surveys, formation of management services organizations (MSOs), managed care organizations (MCOs) payment matters provider appeals before administrative law judges with the Office of Medicare Hearings and Appeals, Departmental Appeals Board, Civil Remedies Division and State Office of Administrative Appeals. I advise on federal and state medicinal cannabis legal issues. In addition, I represent multiple hospitality providers in administrative agency, HR/management and employment matters. Show less

    • United States
    • Law Practice
    • 100 - 200 Employee
    • Shareholder / Attorney
      • Jan 2014 - May 2015

      Represent skilled nursing facilities, assisted living facilities, rehabilitation based entities, home health care agencies, hospice agencies, hospitals, optometry providers, dental practices, behavioral health providers and other ancillary healthcare providers on corporate transactions, compliance and regulatory matters, along with administrative agency and judicial proceedings (e.g. ALJ hearings). I counsel clients on issues involving Stark Law, Anti-kickback, HIPAA, HITECH Act, Medicare related transactions (e.g. CHOWs) licensure surveys, formation of management services organizations (MSOs), managed care organizations (MCOs) and payment matters provider appeals before administrative law judges with the Office of Medicare Hearings and Appeals, Departmental Appeals Board, Civil Remedies Division and State Office of Administrative Appeals. Conducted research and advise on physician prescription issues involving medicinal cannabis and cannabis based products. In addition, I represent clients in the hospitality and regulated products industries (e.g. medicinal cannabis) in regulatory, administrative, employment and operational matters. Show less

    • United States
    • Higher Education
    • 200 - 300 Employee
    • Adjunct Faculty
      • May 2014 - Sep 2014

      Serve as adjunct faculty for healthcare graduate program, teaching "Healthcare History, Administration, Law and Leadership" with a public health emphasis. I am responsible for course development, answering student inquiries, discuss course materials in an open online forum using WebStudy software and grading assignments. In addition, I correspond with university administration on student services issues. Serve as adjunct faculty for healthcare graduate program, teaching "Healthcare History, Administration, Law and Leadership" with a public health emphasis. I am responsible for course development, answering student inquiries, discuss course materials in an open online forum using WebStudy software and grading assignments. In addition, I correspond with university administration on student services issues.

    • United States
    • Hospitals and Health Care
    • 700 & Above Employee
    • Vice President of Medical Appeals & General Counsel
      • Jan 2011 - Nov 2013

      Provide legal counseling to Senior Care Centers, a company providing long term care, assisted living, independent living and rehabilitation services. Senior Care Centers currently operates and owns multiple senior living facilities throughout Texas and a subsidiary, Senior Rehab Solutions, providing rehabilitation services within all buildings operated by Senior Care Centers. As the VP of Medical Appeals & General Counsel, I handle all contactual matters, assist with business transactions, manage corporate finance matters, real estate, corporate restructuring, attend administrative law judge hearings attempting to overturn denied Medicare claims, manage outside counsel on litigation matters, provide legal advice on healthcare regulatory matters, work closely with human resources in resolving employment law disputes and conducting corporate investigations. In addition, I serve on the senior executive team. Show less

    • United States
    • Hospitals and Health Care
    • 1 - 100 Employee
    • General Counsel & VP of Medical Appeals
      • Apr 2010 - Dec 2010

      As General Counsel, I handle all company Medicare appeals before the Administrative Law Judge, contract review & drafting, trademark matters, communicate compliance & regulatory matters to the corporate team, employment legal disputes and manage collection matters for the corporation. In addition, I consult on the medical appeal process within our company and with client, with an emphasis on Medicare appeals, strategic delivery of healthcare and generation of revenue through precise management of staff activities. Show less

    • United States
    • Medical Practices
    • 1 - 100 Employee
    • Director
      • May 2009 - Apr 2010

      Oversaw the operations of the home health therapy division for one of the largest and oldest home health agencies in Texas. Supervised up to 30 employees at five regional campuses throughout the Dallas/Fort Worth area and emphasized efficient work flow, productivity and logistics in the delivery of patient care. Ensured compliance of Medicare, Medicaid and private insurance reimbursement guidelines to maximize payment of claims, along with applicable state and federal rules and regulations. Oversaw the operations of the home health therapy division for one of the largest and oldest home health agencies in Texas. Supervised up to 30 employees at five regional campuses throughout the Dallas/Fort Worth area and emphasized efficient work flow, productivity and logistics in the delivery of patient care. Ensured compliance of Medicare, Medicaid and private insurance reimbursement guidelines to maximize payment of claims, along with applicable state and federal rules and regulations.

    • Associate Attorney
      • May 2008 - May 2009

      Civil litigation with an emphasis on class action suits - drafted pleadings, answers, motions, deposed witnesses, attended hearings and multiple bench and jury trials. Civil litigation with an emphasis on class action suits - drafted pleadings, answers, motions, deposed witnesses, attended hearings and multiple bench and jury trials.

    • United States
    • Higher Education
    • 400 - 500 Employee
    • Adjunct Faculty
      • Mar 2008 - Jun 2008

      Taught a course titled "Policy and Politics in Human Service Systems" in a nationally ranked Master of Occupational Therapy program. * Examined federal, state and international healthcare, education and social delivery system * In-depth analysis of lectured materials in preparation of lectures * Lectured topics: healthcare policy, political process strategies, economics in healthcare, policy advocacy, legislative process related to social welfare, healthcare and education Taught a course titled "Policy and Politics in Human Service Systems" in a nationally ranked Master of Occupational Therapy program. * Examined federal, state and international healthcare, education and social delivery system * In-depth analysis of lectured materials in preparation of lectures * Lectured topics: healthcare policy, political process strategies, economics in healthcare, policy advocacy, legislative process related to social welfare, healthcare and education

    • Canada
    • Software Development
    • 700 & Above Employee
    • Staff Attorney
      • Sep 2006 - May 2008

      worked as a staff attorney on the corporate team. worked as a staff attorney on the corporate team.

    • United States
    • Higher Education
    • 700 & Above Employee
    • Adjunct Faculty
      • Aug 2006 - Jan 2007

      Taught an online healthcare public policy course in the clinical doctoral occupational therapy program. Provided in person lectures twice and completed the remaining portion of the course entirely online. Lobbying Effort: assembled a group of students to contact their congressional representatives to meet in Washington D.C. through the American Occupational Therapy Association to discuss relevant bills and legislation that impact occupational therapy. Taught an online healthcare public policy course in the clinical doctoral occupational therapy program. Provided in person lectures twice and completed the remaining portion of the course entirely online. Lobbying Effort: assembled a group of students to contact their congressional representatives to meet in Washington D.C. through the American Occupational Therapy Association to discuss relevant bills and legislation that impact occupational therapy.

Education

  • The University of Memphis
    Master of Business Administration (MBA), Business Administration and Management, General
    2014 - 2018
  • The University of Texas Health Science Center at Houston
    Graduate Certificate, Public Health
    2011 - 2013
  • Nova Southeastern University
    Juris Doctor, Law
    2003 - 2006
  • China University of Political Science and Law
    NA, Chinese Domestic Law
    2005 - 2005
  • Texas Tech University
    MOT/BSOT - Cum laude, Occupational Therapy
    1995 - 1999
  • The University of Texas at Dallas
    Biology, General
    1994 - 1995
  • Plano East Sr High School
    1992 - 1994

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