Health Care Fraud and Abuse

We represent health care corporations, pharmaceutical and medical device companies, group purchasing organizations, executives, and board directors in the defense of criminal corporate misconduct claims and related civil charges.

Our lawyers have experience guiding heath care companies through the government investigation and criminal process, from search warrants and subpoenas to trial. The practice group attorneys have successfully defended health care clients in qui tam, RICO, antitrust, False Claim Act, and Anti-Kickback claims and investigations brought by Medicare, Medicaid, the U.S. Department of Justice, state regulatory agencies, state attorneys general, and private plaintiffs.

Health care companies are often confronted with federal government proceedings while also facing simultaneous actions from other state and federal government agencies or private plaintiffs. We specialize in coordinating the health care client’s response to these “parallel proceedings” to ensure that the issues are dealt with efficiently and consistently.

In addition to our representation upon government involvement, our attorneys have experience conducting complex internal investigations and developing regulatory compliance programs that address the myriad of state and federal requirements imposed on health care providers and manufacturers. Our lawyers recognize the value of early detection and claims prevention and understand the importance of compliance programs under the Federal Sentencing Guidelines and the OIG’s Provider Self-Disclosure Protocol. We also understand the government’s renewed interest in Medicare and Medicaid overpayment audits and the heightened fraud and abuse risks related to these audit initiatives. Our lawyers work closely with senior management in developing effective compliance programs, carefully tailored to the health care industry, that comport with applicable laws and provide protection in the event of criminal prosecution.