Nicole Somerville is an associate in the Antitrust, Securities Litigation, and White Collar Criminal Defense Practice Groups in the Dallas office of Haynes and Boone, LLP. Her practice focuses on False Claims Act qui tam litigation, internal investigations, and healthcare litigation.
Representative Experience
- Representation of 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.
- 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.
- Representation of nursing homes in Texas (N.D. Texas) in False Claims Act qui tam brought by vendor alleging improper billing for dual skilling.
Recent Publications
- "Successor Liability in Healthcare Transactions," co-author with Michael Silhol, AHLA Connections, March 2012.
Memberships
- Dallas Bar Association
- Dallas Association of Young Lawyers
- American Health Lawyers Association
Selected Representative Experience
Online Publications
04/05/2012 -
Appeals Court Overturns $44 Million Judgment Against Tuomey Hospital in Important Stark Law Case
The U.S. Fourth Circuit Court of Appeals has reversed a $44 million judgment against Tuomey Hospital in Sumter, South Carolina that arose from Tuomey’s employment arrangements with physicians that allegedly violated the federal Stark Law.
04/03/2012 -
Fate of Health Reform is Uncertain after Supreme Court Oral Arguments
After three days of historic oral arguments before the U.S. Supreme Court, the fate of the Affordable Care Act (ACA), the momentous 2010 health reform law, is uncertain, given robust questioning of the ability of Congress to force individuals to purchase health insurance.
03/15/2012 -
American Health Lawyers Association's Connections Magazine: Successor Liability in Healthcare Transactions
With the passage of the Affordable Care Act (ACA) in March 2010, Congress made the most significant change in the U.S. healthcare delivery system since the inception of the Medicare program.
02/20/2012 -
CMS Proposes Rules on Reporting and Returning Overpayments: Providers May Have Duty to Make Reasonable Inquiry With Deliberate Speed
The Centers for Medicare and Medicaid Services (CMS) on February 16, 2012 proposed rules implementing Section 6402(a) of the Affordable Care Act, requiring persons to report and return Medicare overpayments by the later of 60 days after an overpayment is identified or the date any corresponding cost report is due.
11/09/2011 -
D.C. Circuit Dismisses Sallie Mae FCA Suit Based on First-to-File Rule
The United States Court of Appeals for the D.C. Circuit recently held that a complaint does not need to meet the heightened pleading standards for fraud claims in order to satisfy the first-to-file rule under the False Claims Act (“FCA”).
08/30/2011 -
Florida Fines Medicaid HMO for Failing to Report Suspected Fraud by Providers
The Florida Agency for Health Care Administration (“AHCA”) earlier this month fined Humana $3.4 million for failing to promptly report suspected cases of Medicaid fraud and abuse by others, as required by statute and Humana’s Medicaid HMO contract. Though many states have similar laws or regulations, this appears to be the first enforcement action of its kind in the nation.