Richard Y. Cheng

richard cheng attorney
Richard Y. Cheng 1
Named one of D Magazine’s Best Lawyers in Dallas every year, 2015, 2017–2023.

Tel: (214) 295-5063

rcheng@ritterspencercheng.com

Richard Y. Cheng, a distinguished member at Ritter Spencer Cheng PLLC, brings a wealth of experience and expertise in corporate transactions, regulatory, compliance matters, and administrative appeals. His profound knowledge of healthcare law has led him to represent a diverse range of healthcare providers and investment platforms, from post-acute care providers (e.g. skilled nursing facilities, assisted living facilities, hospices, and home health agencies) and hospitals to physician groups, ancillary providers and dental services organizations. Richard’s adeptness in navigating various healthcare regulations has solidified his reputation as a trusted legal advisor in healthcare law.

At Ritter Spencer Cheng PLLC, Richard leads the healthcare practice, offering representation in post-acute care providers, community hospitals, physician groups, and ancillary providers. His extensive background includes dealing with the Stark Law, the Anti-Kickback Statute, the False Claims Act, HIPAA, corporate practice of medicine laws, and more.

Before joining Ritter Spencer Cheng PLLC, Richard was an equity partner at a major global firm, where he was a member of the healthcare section and instrumental in chairing the firm’s hemp/hemp products practice group. His illustrious career includes roles as vice president and general counsel at two healthcare companies. Notably, Richard began his journey in the healthcare sector as a licensed occupational therapist, providing him with a unique and invaluable perspective in the legal domain. His contributions to academia are evident in his roles as an adjunct faculty at various universities, and he has also lobbied in Washington, D.C.

In addition to his traditional healthcare practice, Richard ventured into the cannabis industry in 2013. His contributions to the cannabis industry have been significant, representing a variety of  clients (e.g. cultivators, investors, manufacturers, retailers, healthcare providers, third-party business) and earning him recognition as a top cannabis legal expert by both Databird Research Journal and Cannabis Law Journal. Richard served as outside general counsel to the Texas Cannabis Industry Association, coauthored an American Health Law Association cannabis publication and speaks regularly on cannabis topics at national legal and industry related conferences Richard has served as an adjunct faculty teaching cannabis law at University of North Texas Dallas College of Law and has served as a board of director of multiple cannabis related business ventures.

Richard’s academic achievements are commendable, with a J.D. from NSU Shepard Broad College of Law, an M.B.A. from the University of Memphis Fogelman College of Business and Economics, an occupational therapy degree from Texas Tech University Health Sciences Center and a graduate certificate in public health from U.T. Health Sciences Center. Richard is also certified in healthcare compliance (CHC) through the Compliance Certification Board (CCB). His career is adorned with numerous awards and recognitions, underscoring his unparalleled expertise and contributions to the legal arena.

  • 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
  • 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)

Presentations

  • “Medical Director Fraud and Abuse: Long Term Care and Post-Acute,” American Health Law Association Long Term Care Conference, February 26, 2024.
  • “Collision of Two Worlds – Healthcare and Alternative Substances,” General Counsel Netweavers, November 16, 2023.
  • “Occupational Therapy Entrepreneurs Symposium,” Texas Occupational Therapy Association, November 4, 2023.
  • “A Business Seminar For Your Small Business,” Herring Bank and Ritter Spencer Cheng, October 25, 2023.
  • “From the Basement to High-Rise – The Transition of the Cannabis Industry Regulatory and Fraud Risks,” Fox Forensic Accounting Webinar, October 19, 2023.
  • “Legalized Possession and Use of Cannabis: Legal and Ethical Dilemma,” American College of Healthcare Executives (ACHE) North Texas Chapter, September 22, 2023.
  • “Top 5 Legal Tips for Assisted Living Facilities,” Texas Organization of Residential Care Homes (TORCH) Annual Conference, September 13, 2023.
  • “The Cannabis Industry: The Wild West to a More Refined World (kind of…),” Association of Certified Fraud Examiners: 33rd Annual DFW Fraud Conference, August 18, 2023.
  • “Being a Closer – Start Deal Flows, Diligence Concerns and Closing,” Lucky Leaf Expo Mississippi, May 5, 2023.
  • “Sex, Booze and Rock-n-Roll: Attorneys Dealing with Today’s Realities in the Practice of Law,” Dallas Bar Association, April 19, 2023.
  • “Raising Capital, M&A and Deal Flow,” NoCo Hemp Expo, March 30, 2023.
  • “Mock Negotiation – Buying/Selling a License,” MJBizCon 2022 and INCBA, November 15, 2022.
  • “Impacts of COVID-19 Compliance Protocols to Post-Acute Care Facilities and Home Based Care,” American Health Law Association, September 27, 2022.
  • “Cannabis Deal Making and Transactional Considerations,” Lucky Leaf OKC, September 23, 2022.
  • “Physician and Other Health Providers’ Concern with Medical Cannabis,” American Bar Association Physician Legal Issues: Healthcare Delivery and Innovation Conference, September 16, 2022.
  • “The Future of Delta 8: Is There One?,” The Original CBD Expo Tour, August 18, 2022.
  • “Cannabis Business Opportunities & Social Impact – Social Equity & Impact,” Capital One Dallas Start-Up Week, August 10, 2022.
  • “Texas Cannabis Caucus” Panel, Democratic Party State Convention, July 15, 2022.
  • Moderator, “Breaking Developments in Cannabis Law,” Dallas Bar Association Cannabis Study Group, May 11, 2022.
  • “State Medical Cannabis Programs: What Physicians Should Know and Consider,” Society of Cannabis Clinicians, April 15, 2022.
  • “The Future of Hemp-Derived Delta-9 THC,” Delta 8 Expo Conference, March 31, 2022.
  • “Intersection Between Healthcare and Cannabis,” Dallas Bar Association Health Law Section, March 16, 2022.
  • “Hemp Regulations,” 5th Annual Indigenous Hemp Conference, March 1, 2022.
  • “Health Care Fraud and Abuse Issues in Home Based and Community Care,” Texas Association for Home Care & Hospice Winter Conference, February 23, 2022.
  • “The Past, the Present, the Future Cannabis and the Myriad of Issues that Attorneys Should be Aware of from a Legal and Practical Perspective Affecting Physicians and Hospitals,” American Health Law Association Physicians and Hospitals Law Institute, February 3, 2022.
  • Moderator, “Risky Business: Litigation Challenges and Insurance Solutions for the Cannabis Industry,” National Asian Pacific American Bar Association Convention, December 10, 2021.
  • “Legal Concerns and the Evolution of Medical Marijuana Programs,” Lucky Leaf Houston, November 6, 2021.
  • “Cannabis Law: What Health Lawyers Need to Know,” American Health Law Association Speaking of Health Law Podcast, November 2, 2021.
  • “Legal Concerns for Cannabis Clinicians,” Society of Cannabis Clinicians Webinar, October 14, 2021.
  • “Informal Dispute Resolutions and Plans of Corrections,” Texas Organization of Residential Care Homes (TORCH) Annual Conference, September 16, 2021.
  • “Healthcare Provider Legal Concerns and Evolution of Medical Marijuana Programs,” Lucky Leaf Dallas, July 9, 2021.
  • “Cannabis and Medical Cannabis in Texas,” Manchester Living Podcast, May 11, 2021.
  • “Impacts of COVID-19 Compliance Protocols to Post-Acute Care Facilities and Home Based Care,” 25th Annual Health Care Compliance Association Compliance Institute, April 21, 2021.
  • “How Cannabis is Impacting the Workplace,” Dallas Bar Association (DBA) Labor & Employment Law Section Meeting, March 15, 2021.
  • “Top Ten Tips for Conducting a Hemp Business Transaction,” World Ag Expo Online Recording, February 9, 2021.
  • “Top Ten Tips for Conducting a Hemp Business Transaction“ Texas Hemp Growers Association Webinar, February 2, 2021.
  • “Your Legal Rights: The Laws Governing the Business of Cannabis” KALW Public Media / 91.7 FM Bay Area, September 2, 2020.
  • 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.

Articles and Publications:

  • “State Medical Cannabis Programs: What Physicians Should Know and Consider,” Dallas Medical Journal, April 2022.
  • “Healthcare Transactions: What Laws and Regulatory Restrictions May Apply,” Dallas Medical Journal, February 2022.
  • “Understanding Your Transaction Details is Key to Making A Deal,” Home Care Magazine, February 1, 2022.
  • “What Home Health Providers Need to Know About THC Delta-8,” Home Care Magazine, November 12, 2021.
  • Quoted, “Texas Hemp Coalition Bring Attention to The Hemp Derived Delta 8 Issue in Texas,” Texas Hemp Coalition, October 21, 2021.
  • “Survey of Applicability of State General Privacy and Breach Notification Laws to Health Information,” American Health Law Association (AHLA), August 26, 2021.
  • “Physicians Doing Business with Private Equity Groups,” Dallas Medical Journal, April 2021.
  • “Health Care and the Business of Cannabis: Legal Questions and Answers, Ch. 2: Cannabis Issues in the Post-Acute Care Industry,” American Health Law Association (AHLA), March 2, 2021.
  • Quoted, “Texas Medical Marijuana Operators ‘Push but Not Shove’ to Expand State’s Limited MMJ Program,” MJ Biz Daily, January 7, 2021.
  • ”Consequences of producing non-compliant hemp,” DLA Piper Newsletter, July 16, 2020.
  • ”Economic relief for hemp farmers in a new round of funding in response to COVID-19,” DLA Piper Newsletter, 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,” DLA Piper Newsletter, April 6, 2020.
  • ”CARES Act may offer relief for medical practices, but raises questions for private equity-backed practice management companies,” DLA Piper Newsletter, April 3, 2020.
  • ”COVID-19: Financial relief programs for hemp and hemp-related businesses,” DLA Piper Newsletter, 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.
  • “The Occupational Therapy Manager, 6th Edition” – Multiple Chapters, AOTA Press, July 24, 2019.
  • “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, Spring Issue 2017.
  • “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.
  • “The Occupational Therapy Manager, 5th Edition” – Legal Chapter, AOTA Press, December 1, 2010.
  • D Magazine – Best Lawyers in Dallas, 2015, 2017-2023
  • Thomson Reuters – Texas Super Lawyers,  2022, 2023
  • Thomson Reuters – Texas Rising Star, 2015-2017
  • Dallas Business Journal – Best Corporate Counsel Rising Star Award, 2011
  • D CEO Magazine & Association of Corporate Counsel – Best Corporate Counsel Finalist, Solo Category, 2011-2012
  • 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
  • Databird Research Journal – Top 250 Cannabis Expert, 2018
  • Cannabis Law Journal – Global Top 200 Cannabis Lawyers Listing, 2020-2023
  • Certified Healthcare Compliance professional with the Compliance Certification Board

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