Experience
Health Care Services Cleared of False Claims Allegations
We represented a health care services business that provided billing services to physicians groups and emergency rooms after a false claims act (FCA) suit was filed alleging the company had improperly coded and overcharged government health care services, including Medicare and Medicaid, by millions of dollars. We did our own analysis of the company’s records while working closely with the U.S. attorney’s office as well as the U.S. Department of Health and Human Services and found an explanation for the company’s coding and charges. As a result of our investigation no criminal charges were filed and the civil suit was not pursued.
Obtained Dismissal of False Claims Act Case
Obtained Dismissal under False Claims Act’s First-to-File Rule
Obtained Summary Judgment on False Claims Act Case Against NASA Contractor
Obtained Dismissal of False Claims Act Lawsuit Under Rule 9(b)
Dismissal and Enforcement of Release in False Claims Act Case
Our attorneys represented a government contractor in a qui tam suit brought by two relators alleging fraud and mismanagement in connection with several federal programs. The district court dismissed the complaint in its entirety without any discovery. The court also enforced a release signed by one of the relators while the case was pending under seal.
Obtained Favorable Settlement for Home Health Care Provider
Our attorneys represented a home health care provider in a qui tam lawsuit alleging fraudulent inducement of a contract to provide respiratory therapy equipment, supplies, and services to VA patients. Our client retained us after the court denied a motion to dismiss and costly discovery was underway. Our attorneys were able to obtain a fast and favorable settlement that allowed our client to continue its business.
Represented Department of Defense Contractor in Litigation about the Scope of the pre- and post-FERA False Claims Act
Obtained Dismissal of False Claims Act Case Alleging Fraudulent Inducement of Department of Energy Contract
Obtained Dismissal of False Claims Act Case Regarding Employee Overtime
Our attorneys represented a defense contractor in a qui tam suit alleging fraudulent government billings relating to unearned employee overtime. The district court granted our motion to dismiss the relator’s FCA claims prior to discovery.
Subpoena and Internal Investigation in False Claims Act case Involving Medicaid Drug Rebates
Our attorneys represented a major pharmaceutical distributor in a qui tam case involving the alleged failure to pay Medicaid rebates for repackaged drugs. All of the relator’s claims were dismissed.
Obtained Summary Judgment on False Claims Act case against Small Business and Sanctions Against Relator’s Counsel
Obtained Favorable Settlement in Intervened False Claims Act Case Alleging Violation of Environmental Laws
Successfully Resolved Intervened False Claims Act Case Against Department of Defense Contractor Involving Multiple Relators
Assistance with Internal Investigations, Government Investigations and Subpoenas
Defense of a Supplier Through a Health Care Fraud Investigation
Defended a DME supplier in an extensive federal criminal/civil health care fraud investigation involving the alleged submission of false claims (FCA) to the federal and state health care programs by upcoding, improperly using billing modifiers, and other allegedly fraudulent billing practices. The matter was resolved with civil payback and client avoided criminal penalties.
Defense of Academic Medical Center in False Claims Act (FCA) Lawsuit
Representation of an academic medical center in a False Claims Act qui tam lawsuit alleging improper billing practices. The client was operating under a CIA at the time of the representation. The matter was resolved favorably for our client after extensive discovery, with no extension of the length of the CIA and no press release issued by the federal government.
False Claims Allegations Against Client Dismissed
Representation of an academic medical center in a False Claims Act (FCA) lawsuit involving allegations that the hospital lacked documentation to support its cost reports for GME expenses. The government declined intervention and the FCA claims were ultimately dismissed with prejudice without any payment.
Defended a Large Academic Medical Center Physician Practice in False Claims Act (FCA) Lawsuit
Representation of a large academic medical center physician practice in a False Claims Act lawsuit alleging improper referral arrangements among area hospitals and our physician practice client. The matter resolved for nuisance value with no CIA or other penalty imposed on our client.
Defense of National Physician Practice in False Claims Act (FCA) Lawsuit
Representation of a national physician practice in a False Claims Act lawsuit involving emergency department billing practices. The government declined intervention and the relator quickly abandoned prosecution of the case.
Represented Home Health Agency During Health Care Fraud Investigation
Representation of a Kentucky home health agency in a dual investigation by the Eastern District of Kentucky U.S. Attorney’s Office and Kentucky Medicaid into alleged improper mail order supply business, operating without a Certificate of Need and other claims. The investigation was closed without either agency taking any adverse action against the client.
Conducts Internal Investigations Relating to Potential Health Care Fraud and Business Conduct for Clients
Conducts internal investigations relating to potential health care fraud and other business conduct for clients across the health care spectrum, including a large health insurer, national long-term care and other providers, hospitals, physician practices, ambulance providers, therapy services providers, community mental health providers, DME suppliers, pharmaceutical and medical device manufacturers, laboratories, and others.