Evolving and complex legislation in the health care arena can provide a myriad of challenges for providers, and overcoming the challenges requires effective and efficient legal counsel. We represented an Ohio hospital that disclosed information about improper financial relationships with referring physicians in response to claims of violating the False Claims Act, the Anti-Kickback Statute and the Stark Statute. Our client had a relationship with two physicians – a joint venture with a pain management physician and also an arrangement where our client purchased intraocular lenses at an inflated price from an ophthalmologist. Both relationships were alleged to have violated statutory requirements. We represented the client in negotiating a settlement with the Department of Justice, the Office of the Inspector General and the Ohio Attorney General (collectively “Government”). During the negotiations, our client disclosed that some of their arrangements with physicians for violated the federal Anti-Kickback Statute because they did not meet the requirements of the relevant safe harbors. Criminal charges against our client were declined, and we worked to address the civil and administrative issues to provide a global resolution. We entered into negotiations with the Government and ultimately settled for an amount that was agreeable to our client.

We represented a physician who had been designated as a “target” of a federal grand jury investigation focusing on FDA allegations of misbranding. The client along with other oncologists potentially faced numerous felony charges. We successfully defended the physician, resulting in a plea agreement to a single misdemeanor, favorable resolution of all civil matters including false claims act violations and no debarment of physician.

We represented a physician who had been designated as a “target” of a state grand jury investigation focusing on alleged healthcare fraud and false statements violations. After completion of an internal investigation and meetings with and presentations to the local prosecuting attorney, the investigation against our client was closed with no criminal charges filed and all civil and administrative matters resolved favorably to the client.

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.

Representation of clients over 100 security breaches, including clients in the health care, financial and other industries, including state data breach laws.

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.

Representation of an ambulance supplier in state Medicaid audit/investigation into allegedly medically unnecessary transports and other claims. Client ultimately received a minimal payback request.

Represented FirstMerit Bank, N.A. in a $5,775,000 financing of skilled nursing facilities located in Painesville, Ohio.

Represented Kendal of Granville in the purchase of $22,010,000 of revenue Refunding and Improvements Bonds, $17,000,000 of construction/mini-perm loan, a $6,500,000 draw loan, a $2,500,000 revolving line of credit and interest rate derivative SWAPs for a skilled nursing and independent care facility located in Granville, Ohio.

Represented The Wallick Companies and its affiliates in the sale of a $12,500,000 nursing facility and independent living facility located in Springfield, Ohio.

We represented a medical practice in a case in Northern Kentucky in which one of the practice’s former physicians was contending that he was owed several hundreds of thousands of dollars of additional compensation associated with his departure from the practice. The case culminated in a bench trial. At the conclusion of the bench trial proceedings, the judge agreed with our arguments associated with the interpretation of the pertinent contracts, and dismissed all of the Plaintiff’s claims.

Representation of health care insurers seeking enforcement of their contractual subrogation rights in tort litigation.

We represented a regional hospital in physician peer review proceedings. The hospital received complaints regarding a physician, and it had to proceed according to its Medical Staff Bylaws, including holding a hearing before a peer review hearing committee. We counseled the hospital throughout the process, ensuring compliance with the Health Care Quality Improvement Act, state licensure and reporting regulations, and the Medical Staff Bylaws. Any violations during the peer review process could have resulted in the hospital and participating reviewing physicians losing civil immunities and facing potential liability. The hospital completed the hearing and peer review process with no compliance issues.

Represented a nursing care provider in the FHA/HUD LEAN Program financing in the amount of $7,464,000 for a skilled nursing facility located in Cincinnati, Ohio.