Matthew W. Bergeron brings a unique blend of legislative and health law experience to Larkin Hoffman’s health care and government relations practices. He helps clients develop, draft, and promote their legislative agendas while nurturing strong professional relationships with public policy makers at all levels of government. Matthew also helps clients navigate complex regulatory processes and requirements at the state and federal levels.
At the Minnesota Capitol, Matthew represents a broad variety of health care and human service providers, small businesses, trade and professional associations, local governments and multi-national corporations. Working as part of the broader Larkin Hoffman government relations team at the Capitol, he works with a number of committees and across a broad spectrum of policy areas while taking primary responsibility for much of the firm’s health and human services lobbying. He also works on a variety of issues related to agriculture, state and local taxes, insurance, employment regulations, and capital investment financing. Matthew also helps clients engage with Minnesota’s federal delegation and their staff in support of legislative, administrative, and various procurement or grant-related initiatives.
In his health law practice, Matthew draws upon his legislative and public policy experience and the relationships with legislators and regulators he has cultivated over years of working with the Minnesota Legislature, to help clients navigate a broad variety of potential pitfalls related to regulatory compliance, licensing, and public program reimbursement. With a particular focus on Medicaid providers, Matthew represents a variety of providers who focus on serving low income and immigrant communities, including community health clinics, safety net dental clinics, substance use disorder, mental health and other behavior health providers. In this capacity, Matthew spends significant time advising clients on the potential impacts of public program payment reforms, including the Minnesota Department of Human Services’ (“DHS”) development of integrated health partnerships (“IHPs”).
Matthew also represents a broad variety of long-term care providers, including skilled nursing facilities, assisted living facilities, home care agencies, home and community-based service providers, and personal care assistant (“PCA”) agencies. He works closely with both DHS and the Minnesota Department of Health (“MDH”) to help providers navigate the complicated landscape of registration, licensing, provide enrollment, and regulatory compliance that surrounds long term care providers.
In addition to health law and legislative advocacy, Matthew practices in the firm’s real estate and land use department where he assists developers in understanding their current land use rights, identifying what approvals might be required in order for a project to advance, and working with local planning commissions and city councils to secure the necessary approvals. Matthew also practices in the area of campaign finance and campaign practices law where he advises candidates, campaign committees, and other entities on state and federal election law and represents them in all manner of campaign-related disputes.
Government Relations, Advocacy & Public Policy Development
- Guided the Minnesota chapter of a national health care professional association through nearly a dozen legislative committee hearings, including an omnibus conference committee, to secure support and eventual passage of health professional licensure legislation.
- Advocated successfully to restore eligibility and funding for a chemical dependency (CD) treatment rate enhancement for seven Minnesota CD treatment providers and secured passage of provider-specific language related to verification of eligibility for the enhanced rate.
- Worked with a coalition of young and beginning farmers to pass a first-in-the-nation tax credit designed to help beginning farmers get access to land and equipment.
- Secured over $8 million in state bonding funds for a large nonprofit to support the expansion of their facility in southeastern Minnesota.
- Led efforts to develop a new, data-driven and evidence-informed reimbursement rate setting system for disability services.
Health Care Transactions, Regulatory Compliance & Licensing
- Advised a California-based nutraceutical company on potential Food and Drug Administration labeling requirements for new product line.
- Advised a variety of retailers, wholesalers, and manufacturers, with a particular focus on the personal care product industry, on a variety of state and federal product labeling requirements, including California’s Proposition 65. Also coordinated similar reviews for products sold in Canada and the European Union.
- Advised owners and operators of long-term care facilities, including skilled nursing facilities, assisted living facilities (including facilities with dementia care services), and other adult foster care facilities on matters related to licensing, compliance, and public program participation and reimbursement, compliance.
- Advised a variety of human service nonprofits on matters related to regulatory compliance and represents providers facing enforcement actions, including recapture of overpayments, from state Medicaid agencies and managed care organizations.
- Advised health care providers on issues related to privacy, including compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) and the Minnesota Health Records Act (“MHRA”).
- Advised health care providers on the various state and federal regulatory components, including notice requirements, submission timelines, and reimbursement issues, related to a variety of change of ownership (“CHOW”) transactions.
- Represented residential long term care facilities, including both skilled nursing and assisted living, in various capacities related to either the purchase or sale of a facility, including the drafting and negotiation of asset purchase agreements and operation transfer agreements.
Unfair Campaign Practices and Campaign Finance Laws
- Successfully brought an unfair campaign practices complaint on behalf of a Minnesota foundation against another nonprofit following their unlawful use of branded materials to endorse candidates for state and municipal office.
- Successfully defended a candidate for county commissioner against claims that the campaign violated Minnesota laws regarding the labeling of campaign materials.
- Advised individuals and organizations on state and federal campaign finance laws, including laws surrounding regulations regarding the formation, management, and financing of political action committees (“PACs”).
Non-Profit Organization and Advice
- Advised small and community nonprofits on issues related to their Articles of Incorporation, Bylaws, and other governing documents as well as organizational management and the fiduciary responsibilities of their directors.
- Prepared fiscal sponsorship agreements and memorandums of understanding related to community nonprofit’s support of the work of various unincorporated community organizations.
- Assisted a number of Minnesota nonprofits with complicated and time-sensitive IRS filings related to their tax-exempt status.