Recent Publications

A Desk Guide to Data Protection and Breach Response - Part 5

In this installment of A Desk Guide to Data Protection and Breach Response, we discuss disclosure and enforcement actions by regulators, including state attorneys general, the U.S. Federal Trade Commission (the “FTC”), and the U.S. Department of Health and Human Services (the “HHS”), among others. >>

Healthcare Delivery in a Post-Affordable Care Act World

Haynes and Boone, LLP presented a complimentary session entitled Healthcare Delivery in a Post-Affordable Care Act World: Implementation, Current Trends, and Beyond on Wednesday, February 19, 2014. >>

False Claims Act Year in Review 2013

This 2013 Haynes and Boone False Claims Act Year in Review highlights key FCA developments, including significant actions taken by the United States, notable FCA settlements, and important judicial decisions analyzing and applying the statute. Our Review also identifies several issues that are now pending at the U.S. Supreme Court. >>



Bill Morrison

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5018
F +1 214.200.0604

Areas of Practice

Education

  • J.D., University of Oklahoma College of Law, 1998, Order of the Barristers; 1996-97 Jessup International Law Moot Court Team; and member of the 1997-98 ATLA Trial Team
  • B.A., Baylor University, 1995

Bar Admissions

  • Texas
Bill Morrison

As a healthcare and antitrust litigator in Haynes and Boone's White Collar Criminal Defense Practice Group, Bill Morrison defends corporations and executives in federal criminal proceedings and in complex business litigation. Among his experience, Bill has represented one of the nation's largest healthcare providers in a national healthcare investigation regarding site of service for kyphoplasty procedures. In addition, he has represented national healthcare providers in connection with federal grand jury subpoenas and with Civil Investigative Demands regarding potential False Claims Act violations.

Bill is a frequently-sought speaker on the topics of antitrust, healthcare fraud, internal investigations, and electronic discovery.

Selected Client Representations

  • Represented one of the largest North American dairies in investigations by the U.S. Department of Justice's Antitrust Division and the Attorney General of Texas into alleged bid rigging and market allocation among school districts.
  • Represented healthcare group purchasing organization in connection with civil and criminal investigations by the U.S. Attorney's Office (N.D. Tex.) and U.S. Department of Health and Human Services Office of Inspector General into alleged violations of anti-kickback statute.
  • Represented former national sales director of an orthopedic spine company in federal civil and criminal investigation by U.S. Attorney's Office (N.D. Tex.) into alleged payment of kickbacks to physicians to induce use of company's surgical devices.
  • Represented one of the nation's largest healthcare providers in a national healthcare investigation regarding site of service for kyphoplasty procedures.
  • Represented SCCI in the False Claims Act action filed by six relators alleging false claims for payment related to the admission and continued hospitalization of patients in a long-term acute care facility. The AUSA declined to intervene and the action was partially unsealed for the purpose of settlement.
  • Represented one of the nation's largest healthcare providers in an internal investigation of allegations of potential submission of false claims in the cardiac catheterizations laboratory. The investigation included a review of medical records to analyze quality of care issues. Advised client on voluntary disclosure issues.
  • Represented one of the nation's largest healthcare providers in an internal investigation of allegations of potential submission of false claims for improper coding of cardiac stent procedures. Advised client on voluntary disclosure issues.
  • Advised and counseled one of the nation's largest healthcare providers in the self-disclosure of overpayments for excluded employees. Negotiated settlement with the Department of Justice and HHS OIG on behalf of client.

Recent Publications and Speeches

  • "Haynes and Boone False Claims Act Year in Review 2013," co-author, January 21, 2014.
  • "Contractual and Other Defenses to Arbitration," co-author with Christopher A. Rogers, The Advocate, State Bar of Texas Litigation Section Report, Vol. 65, Winter 2013.
  • "Texas Cracks Down on Medicaid Fraud - More To Come," co-author with Nicole Somerville, Law360, August 1, 2013.
  • "Four Key Issues in Cloud Storage," guest co-author with Tim Newman, Texas Lawyer, July 3, 2013.
  • "Evidence Management and Trial Presentation Challenges," panelist, ABA National False Claims Act and Qui Tam Trial Institute, June 5-7, 2013.
  • "Avoiding Legal Pitfalls Related to Antitrust Issues and the Internet," presented with Scott Ewing at the American Lighting Association Annual Conference, September 9-11, 2012.
  • "The Antitrust Implications of Health Care Reform," ABA Antitrust Section Joint Conduct Committee E-Bulletin, Spring 2012.
  • "The Antitrust Implications of Health Care Reform," presented to the Dallas Bar Association Antitrust & Trade Regulation Section, November 2011.
  • Expert Witness in Business and Commercial Litigation in Federal Courts, Third Edition (2011), chapter co-author.
  • "E-Discovery: Spirit of Cooperation," Texas Lawyer, December 21, 2009.
  • "Antitrust Issues Along the Distribution Chain," presented to the American Lighting Association in 2007, 2008 and 2010.
  • "Electronic Discovery for Non Lawyers," presented at the Accretive Solutions Continuing Education Series, March 2011.
  • "The Myth of Business Controls," presented with Ron Shuff, General Counsel, Flowserve Corporation, and Keith Barger, KPMG, November 2007.
  • "Regulatory Compliance: The Legal Landscape," presented to The Greater Dallas Chamber of Commerce, CIO/CTO Forum, November 14, 2007.
  • "Federal Discovery Practice," presented at the Federal Court Practice seminar sponsored by TexasBarCLE, May 18, 2007.
  • "Internal Investigations in Health Care: Unique Enforcement Environment and the Dilemma of Disclosures," Internal Corporate Investigations (American Bar Association 3rd Ed. 2006.)
  • "Health Care Fraud from the Defense Perspective," presented at the Texas HHS OIG Summit, October 5, 2006.
  • "Electronic Document Production: A Technical Primer," Lorman Education Services, March 2006.
  • "Responding to Allegations of Improper Corporate Conduct," Document Retention and Destruction in Texas, Lorman Education Services (December 2005).
  • "Counseling the 800-lb Gorilla," Corporate Counseling Report, ABA Antitrust Section.

Selected Representative Experience


Network Sabotage Investigation
Investigation of former employee’s sabotage of company computer network and referral to federal law enforcement and prosecutors, resulting in guilty plea to felony charges and finding of restitution.

Settlement of Civil Monetary Penalty Liability for Medicare Part D Insurance Provider
Representation of Medicare Part D insurance provider in settlement with the Office of Inspector General for civil monetary penalty liability for improper collection of state sales tax.

School District Bid-Rigging Investigation
Representation of major North American dairy in investigations by the U.S. Department of Justice's Antitrust Division and the Attorney General of Texas into alleged bid rigging and market allocation among school districts.

Antitrust Counseling in Proposed Telecommunications Acquisition
Represented AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.

L-3 v. Lockheed Martin, Northern District of Texas
Representation of L-3 Communications Integrated Systems, Inc. in federal antitrust lawsuit in the U.S. District Court for the Northern District of Texas against Lockheed Martin. The lawsuit, which settled in 2010, alleged that Lockheed Martin violated the antitrust laws by monopolizing the international market for refurbishment of P-3 aircraft.

Antitrust Counseling in Telecommunications Acquisition
Provided antitrust counseling to AT&T in its $2.7 billion acquisition of Centennial Communications Corporation.

Westlake Associates v. Mill Creek Press - Dallas County, 2006
Represented commissioned sales agent in case seeking treble damages for failure to pay sales commissions. Obtained jury verdict and final judgment of $3.1 million for unpaid commissions and attorneys fees under the Texas Sales Representative Act.

Antitrust Counseling in Billion-Dollar Acquisition
Provided antitrust counseling to AT&T in its $67 billion acquisition of Bell South Corp.

Defense of Healthcare Group Purchasing Organization for Anti-Kickback Violations
Representation of healthcare group purchasing organization in connection with civil and criminal investigation by the United States Attorney's Office in the Northern District of Texas and United States Department of Health and Human Services Office of Inspector General into alleged violations of Anti-Kickback statute.

Defense of National Drug Testing Laboratory for False Billing of Drug Tests
Representation of national drug testing laboratory in investigation in Virginia into allegations of improper billing of drug tests.

False Claims Act and Anti-Kickback Investigation of Orthopedic Spine Company
Representation of former national sales director of an orthopedic spine company in civil and criminal investigation (D. Mass.), involving allegations that company paid kickbacks to physicians in the form of sham consulting agreements, research grants, entertainment, travel and other incentives to induce use of surgical devices.

Defense of Sealed Qui Tam for Stark and Anti-Kickback Allegations on Medical Office Building Leasing
Representation of national healthcare provider in sealed False Claims Act qui tam in Florida involving allegations of violations of the Stark law and Anti-Kickback Act related to medical office building leasing in Florida, Georgia, Missouri, Texas, California, Alabama and Tennessee.

Defense of Long-Term Acute Care Facility in False Claims Act Qui Tam
Representation of long-term acute care facility in False Claims Act qui tam (E.D. Mich.) alleging false claims for payment related to the admission and continued hospitalization of patients.

False Claims Act Investigation of Cardiac Catherization Laboratories
Representation of one of the nation’s largest healthcare providers in an investigation of allegations of potential submission of false claims in cardiac catherization laboratories in Florida. The investigation included a review of medical records to analyze quality of care and voluntary disclosure issues.

Defense of Long-Term Acute Care Facility in False Claims Act Litigation
Representation of long-term acute care facility in the settlement of False Claims Act action filed by two relators alleging false claims for payment related to patient billing practices at a West Virginia long-term acute care facility.

False Claims Act Investigation of Cardiac Stent Procedures
Representation of national healthcare provider in investigation of allegations of potential submission of false claims for improper coding of cardiac stent procedures in hospital in Missouri.

Investigation of False Claims for Partial Hospitalization Program Services
Representation of national healthcare provider in investigation of potential submission of false claims for improper billing of partial hospitalization program services and in self-disclosure protocol.

Defense of Nursing Homes in False Claims Act Suit for Improper Billing of Dual Skilling
Representation of nursing homes in Texas (N.D. Texas) in False Claims Act qui tam brought by vendor alleging improper billing for dual skilling.

Defense of Sealed Qui Tam Alleging False Billing for Kyphoplasty Procedures
Representation of seven healthcare providers in sealed False Claims Act qui tam in the Western District of New York involving allegations of improper billing for kyphoplasty procedures.

AT&T/SBC
Acted as one of the primary outside antitrust firms responsible for assisting client in monitoring pre-merger integration planning activities to ensure compliance with antitrust laws and regulations.

Antitrust Counseling as Part of BellSouth Merger
Advising telecommunications company on pre-merger antitrust issues related to multi-billion dollar merger with competitor.

Memberships

  • American Bar Association Criminal Justice Section, White Collar Crime Committee: Co-Chair of the Health Care Fraud Subcommittee
  • The Sedona Conference
  • American Health Lawyers Association
  • American Bar Association
  • Texas Bar Association
  • Dallas Bar Association (Chair, Antitrust Section)
  • Dallas Young Lawyers Association
  • United Way of Metropolitan Dallas (Board Member)
  • Educate Dallas (Chair-Elect)

Online Publications

03/13/2014 - A Desk Guide to Data Protection and Breach Response - Part 5
In this installment of A Desk Guide to Data Protection and Breach Response, we discuss disclosure and enforcement actions by regulators, including state attorneys general, the U.S. Federal Trade Commission (the “FTC”), and the U.S. Department of Health and Human Services (the “HHS”), among others.

02/19/2014 - Healthcare Delivery in a Post-Affordable Care Act World
Haynes and Boone, LLP presented a complimentary session entitled Healthcare Delivery in a Post-Affordable Care Act World: Implementation, Current Trends, and Beyond on Wednesday, February 19, 2014.

01/21/2014 - False Claims Act Year in Review 2013
This 2013 Haynes and Boone False Claims Act Year in Review highlights key FCA developments, including significant actions taken by the United States, notable FCA settlements, and important judicial decisions analyzing and applying the statute. Our Review also identifies several issues that are now pending at the U.S. Supreme Court.

07/11/2013 - Texas Passes New Laws Designed to Crack Down on Medicaid Fraud
Governor Perry recently signed four bills into law designed to combat Medicaid fraud, waste, and abuse. The bills are a mixed bag of enhanced enforcement capabilities for the state and a few new protections for healthcare providers.

07/03/2013 - Texas Lawyer Guest Article: Four Key Issues in Cloud Storage
The possibility of storing data in the cloud signals a fundamental change in the way businesses manage and store their electronic information. What has not changed, however, is a company's responsibility with respect to document retention and electronic discovery in litigation.

03/06/2013 - Texas Executive Convicted of Hacking Former Employer’s Computer Network
A federal jury in the Northern District of Texas has convicted Michael Musacchio, a former logistics company executive, of violating the federal Computer Fraud and Abuse Act.

01/25/2013 - HHS Provides Amendments to HIPAA Privacy and Security Regulations to Conform Regulations to HITECH, GINA and Add Some Additional Changes
The long awaited Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Regulation amendments (the “Changes”) to incorporate the changes made by Health Information Technology for Economic and Clinical Health (HITECH) in 2009 as part of the American Recovery and Reinvestment Act and by the Genetic Information Nondiscrimination Act (“GINA”) were recently released.

03/22/2012 - The Antitrust Implications of Health Care Reform
The current hot topic among health care providers is whether to join an accountable care organization (“ACO”). With this interest in consolidation comes the latest round of antitrust scrutiny.

11/29/2011 - State Medicaid RAC Audits to Begin in 2012
Medicaid providers will be subject to new audits by Medicaid Recovery Audit Contractors (RACs), beginning in January 2012. These new audits will be in addition to existing audits being conducted by Medicare RACs, Medicaid Integrity Contractors (MICs) and Zone Program Integrity Contractors (ZPICs), among others.

09/21/2011 - CMS and OIG Respond to Senate Inquiry on Physician-Owned Distributorships
The Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) for the U.S. Department of Health & Human Services (HHS) have responded to the U.S. Senate’s request for information on physician-owned distributorships (PODs).

07/21/2011 - Armor Holdings, Inc., Settles Foreign Corrupt Practices Act Claims with SEC, DOJ
Armor Holdings, Inc., recently resolved allegations that it violated both the anti-bribery and accounting provisions of the Foreign Corrupt Practices Act. Because of Armor’s extensive cooperation with the government, it was able to obtain a non-prosecution agreement from the Department of Justice and a settlement from the Securities and Exchange Commission.

05/19/2011 - Will Pioneer ACOs Come to the Rescue, or is the Government Rearranging Deck Chairs on the Titanic?
The Centers for Medicare and Medicaid Services (CMS) announced the creation of so-called “Pioneer ACOs” on May 17 in an attempt to blunt heavy criticism over the draft regulations on Accountable Care Organizations (ACOs) issued on March 31, 2011 (the “Draft Regulations”). The Draft Regulations have been criticized due to their burdensome data collection requirements, large start-up costs, uncertain savings, possible losses and troublesome governance mandates.

05/13/2011 - FTC Orders Texas Doctors' Group to Cease Joint Price Negotiations with Insurers
Southwest Health Alliance (“Southwest”), an independent practice association with approximately 900 member-physicians, has agreed to a proposed order recently entered by the Federal Trade Commission (“FTC”) settling charges that it engaged in anticompetitive conduct in its dealings with insurers and other payors for the provision of physician services (collectively, “insurers” or “payors”).

04/20/2011 - Medicare EHR Incentive Program Starts Attestation Phase: Physicians and Hospitals to Share $27 Billion Beginning May 2011
On April 18, 2011, the Centers for Medicare and Medicaid Services (CMS) began the attestation phase under its $27 billion Medicare EHR Incentive Program. Incentive payments for the meaningful use of electronic health records (EHR) will begin in May 2011 and will continue over the next several years.

04/04/2011 - ACOs Face Large Start-Up Costs, Uncertain Savings and Possible Losses Under Proposed Rules from CMS
Accountable Care Organizations (ACOs) will face large start-up costs under proposed rules issued on March 31, 2011 by the Centers for Medicare and Medicaid Services (CMS), with an uncertain outlook for savings and even possible losses.

03/15/2011 - Office for Civil Rights Announces Fines for Violations of HIPAA Privacy Rule
The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services has recently announced two significant enforcement actions against health care providers for violating the HIPAA Privacy Rule.

12/21/2009 - Spirit of Cooperation
The Texas Supreme Court has called for cooperation between parties in e-discovery: “A fundamental tenet of our discovery rules is cooperation between parties and their counsel, and the expectation that agreements will be made as reasonably necessary for efficient disposition of the case.”

06/03/2009 - Medicare's Recovery Audit Contractor Program: RAC Reviews and Appeals
In order to ensure accurate payments under the Medicare fee-for-service program, the Centers for Medicare & Medicaid Services (“CMS”) has implemented the Recovery Audit Contractor (RAC) program. This Health Care Alert provides the most recent information from CMS regarding the start dates for automated and complex reviews, “good cause” claim reopenings, the five-level Medicare appeals process, limitations on recoupment of alleged overpayments, and charts on the RAC process and Medicare appeals process.

04/23/2009 - False Claims Act: New Rules for Pleading?
In a case that will undoubtedly be embraced by relators, the United States Court of Appeals for the Fifth Circuit recently allowed a lawsuit brought under the False Claims Act (“FCA”) to proceed even though the relator did not know certain details about the invoices he alleged were fraudulently submitted to the government. In United States ex rel. Grubbs v. Kanneganti, the Fifth Circuit reversed a district court’s decision to dismiss an FCA claim for failure to allege fraud in sufficient detail. Although relators will argue that the decision opens the door for many more FCA lawsuits to survive early dismissal, the decision does not signal—as relators hope—that courts are abandoning heightened scrutiny.

10/08/2008 - "RACs Are On Their Way"
CMS has begun rolling out the Medicare RAC Demonstration Project on a permanent, nationwide basis. The RACs are paid solely on the amount of overpayments recovered from providers and will work cooperatively with fraud investigators and the Department of Justice. The permanent RAC program was scheduled to roll out on a national basis to the first group of states on October 1, 2008 (including Florida and Colorado), the second group of states on March 1, 2009 (including Texas and California), and the final group on August 1, 2009 (including Louisiana and New Jersey).

08/06/2008 - Whole Foods - Where Does the Federal Trade Commission Go From Here?
Whole Foods has closed its acquisition of Wild Oats, but it may not have much time to enjoy its purchase. The Federal Trade Commission had sought a preliminary injunction to block the merger to give it time to conduct a trial on the merits, but the district court denied the motion.

09/04/2007 - CMS Final Disclosure Rules on Physician Ownership & Physician Coverage of Hospital

06/25/2007 - Healthcare Legislation Update--Texas Legislature 80th Regular Session

04/27/2007 - Federal and Texas Requirements for Disclosure of Physician Ownership

01/08/2007 - Hot Topics in Health Care for Texas' 80th Legislative Session

01/05/2007 - Texas Regulatory Developments: Hospital Licensing and Pain Management Rules

12/19/2006 - 2007 Other Miscellaneous Policies Client Alert

12/01/2005 - Reminder to Update Your Policies and Procedures for 2006

10/31/2005 - Responding to Allegations of Improper Corporate Conduct
This article discusses two issues critical to any response to allegations of corporate wrongdoing: (1) structuring the internal corporate investigation in a manner that effectively responds to the allegations at issue without subjecting counsel to ethical problems that may appear along the way, and (2) dealing with the government once it launches an investigation into your corporate client, including the client’s obligation to protect relevant documents.

08/02/2005 - AmeriChoice False Claims Act Settlement and Impact on Future Medicare/Medicaid Managed Care Contract

07/07/2004 - Proposed Regulations for Ambulatory Surgical Centers Licensed by the Texas Dept. of State Health Svc