Overview
We are a cross-disciplinary team that represents hospitals, device manufacturers, clinics, physicians, and other health care providers in civil and criminal investigations and litigation, Medicare and Medicaid overpayment claims and appeals, and the development of compliance plans. We assist clients in working with health care regulators and in responding to a wide range of investigations involving the FBI, DOJ, the HHS Office of the Inspector General, State Attorneys General, the Food and Drug Administration, and other governmental agencies. For example, we have successfully represented numerous clients in criminal fraud trials, qui tam litigation, Medicare "upcoding" and documentation cases, hearings before professional boards, and in national health care fraud initiatives. We help our clients understand how federal regulations will affect their personal and business interests and how to protect those interests.
We help our clients understand how federal regulations will affect their personal and business interests and how to protect those interests.”
Services
- Anti-Kickback and Stark
- Attorney General Investigations
- Civil Investigations and Litigation
- Clinical Trials
- Compliance
- Criminal Investigations and Litigation
- FDA Investigations and Litigation
- Internal Investigations
- Investigations by the HHS Office of the Inspector General, FBI and DOJ
- Medicare and Medicaid Disputes and Investigations
- Overpayment Claims and Appeals
- Professional Board Hearings
- Research Grants
- Upcoding Cases
Representative Experience
- Currently representing 80+ surgeons in federal anti-kickback litigation.
- Defended nursing home in patient death prosecution, resulting in dismissal of felony charges.
- A nursing home chain was prosecuted for fraud in submitting cost reports that allegedly contained personal, non-reimbursable items. After we submitted legal argument and documentation, the criminal charges were dismissed.
- A medical device company was raided by agents of the FBI who had received a tip from a disgruntled employee that records had been falsified and test results misreported. After careful investigation, we persuaded the government that charges should not be brought.
- A well-respected surgeon was prosecuted for allegedly illegally charging third-party payors for an investigational new drug. As a result of our thorough investigation and persuasive presentation of the evidence at trial, the court threw out the charges.
- The CEO of a device manufacturer was prosecuted for conspiracy and health care fraud. After seven weeks of trial, all felony charges were dropped.
- A major academic health center was sued for illegally seeking Medicare reimbursement for investigational devices. The case was dismissed, without any payment.
- A medical clinic was investigated by the FBI and DOJ for allegedly upcoding charges. The investigation was dropped and the related qui tam suit dismissed based upon our presentation.
- Medicare sought repayment of nearly $70,000 from an audiologist claiming service was not medically necessary. After appeal, the alleged overpayment was reduced to approximately $10,000.
- Medicare asserted an overpayment of $300,000 from a clinical lab. After hearing, the overpayment was reduced by more than half.
Bios
Primary Attorneys
Dulce J. Foster
David M. Glaser
Lousene M. Hoppe
Robert J. Klepinski
Richard H. Kyle, Jr.
John W. Lundquist, Chair
Nicole M. Moen
Samuel D. Orbovich
Kevin C. Riach
Supporting Attorneys
Briar A. Andresen
Steven N. Beck
Gail F. Brandt
Katherine J. Douglas
Thomas S. Fraser
Laurie E. Hartman
James B. Platt