How will key trends and developments in health care policy and enforcement impact future litigants? In the latest Health Care Enforcement Quarterly Roundup, we address this question in the context of:

  • Continued interpretations of the landmark Escobar case
  • The latest guidance from US Department of Justice (DOJ) leadership regarding enforcement priorities
  • The uptick in state and federal efforts to combat the opioid crisis
  • Recent court decisions regarding the use of statistical sampling in False Claims Act (FCA) cases
  • A recent increase in regulatory scrutiny of co-location and shared services/equipment arrangements

Materials from our corresponding Q2 webinar can be accessed below.

Click here to read the full issue of the Health Care Enforcement Quarterly Roundup.

Click here to view the archived webinar.

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Photo of Stephen W. Bernstein Stephen W. Bernstein

Stephen W. Bernstein specializes in e-health, “big data,” deployment of electronic health record systems and health-related matters affected by the internet and the Health Insurance Portability and Accountability Act (HIPAA), as well as private equity investments, mergers, acquisitions, affiliations and joint ventures involving technology, hospitals and physicians. Stephen is the global head of McDermott’s Health Practice. Read Stephen Bernstein’s full bio.

Photo of Emily J. Cook Emily J. Cook

Emily J. Cook provides counsel to health care providers on complex regulatory and reimbursement matters. Her regulatory experience includes fee-for-service Medicare and Medicaid reimbursement, billing and coding, licensure, survey/certification and accreditation, and compliance with Medicare and state fraud and abuse requirements. She also has significant experience counseling health care providers and other stakeholder entities on issues related to 340B drug pricing program implementation, compliance and advocacy. Read Emily J. Cook’s full bio.

Photo of Sandra M. DiVarco Sandra M. DiVarco

Sandra (Sandy) M. DiVarco focuses her practice on the representation of hospitals and health systems. She has counseled health care facility and system clients regarding all aspects of health law transactions and health system restructurings. Read Sandra DiVarco’s full bio.

Photo of Tony Maida Tony Maida

Tony Maida counsels health care and life sciences clients on government investigations, regulatory compliance and compliance program development. Having served as a government official, Tony has extensive experience in health care fraud and abuse and compliance issues, including the federal and state Anti-Kickback and Stark Laws and Medicare and Medicaid coverage and payment rules. He represents clients in False Claims Act (FCA) qui tam matters, government audits, civil monetary penalty and exclusion investigations, and Centers for Medicare and Medicaid Services (CMS) suspension, and revocation actions, negotiating and implementing corporate integrity agreements, and making government self-disclosures. Read Tony Maida’s full bio.

Photo of Rebecca C. Martin Rebecca C. Martin

Rebecca C. Martin has broad experience in investigations, litigations and settlements involving the False Claims Act and other civil health care and financial fraud matters. Read Rebecca C. Martin’s full bio.

Photo of Laura McLane Laura McLane

Laura McLane serves as head of McDermott’s Boston Litigation Practice Group. Laura represents national and international clients in health care, securities and other government enforcement matters, both civil and criminal. She also represents clients in professional and products liability cases and in complex commercial disputes. A significant part of Laura’s practice is devoted to representing health care and other companies, as well as individuals, in government investigations and qui tam litigation based on the False Claims Act (FCA) and related statutes, including the Anti-Kickback Statute and the Stark Law. Read Laura McLane’s full bio.

Photo of Evan Panich Evan Panich

Evan Panich focuses his practice on white-collar and securities defense matters, health care fraud and abuse matters, and complex civil litigation. Evan defends individuals and public and private companies against various allegations, including violations of the False Claims Act, federal securities laws, and state law anti-fraud and electronic surveillance provisions. He also represents clients in various civil matters, including contract, intellectual property, employment and shareholder disputes. Read Evan Panich’s full bio.

Photo of David S. Rosenbloom David S. Rosenbloom

David S. Rosenbloom is the global head of McDermott’s Litigation Practice Group. He focuses his practice on the areas of defense of criminal investigations and trials, qui tam litigation, health care fraud and abuse compliance, internal investigations and complex commercial litigation. David has extensive experience defending health care providers and manufacturers as well as handling criminal antitrust defense and Securities and Exchange Commission (SEC) matters. Read David Rosenbloom’s full bio.

Photo of Amandeep S. Sidhu Amandeep S. Sidhu

Amandeep (Aman) S. Sidhu focuses his practice on complex commercial disputes with an emphasis on regulated industries, including health care-related investigations and litigation. He represents hospitals and health care companies in investigations and defense of qui tam whistleblower litigation involving federal False Claims Act (FCA), Stark Laws and Anti-Kickback Statute in federal district courts throughout the United States. Aman regularly supports settlement negotiations with the US Department of Justice for clients in multiple jurisdictions, including negotiation of corporate integrity agreements with the US Department of Health and Human Services Office of Inspector General. Aman also represents health care and life sciences companies in the navigation of state and federal investigations, including responding to congressional inquiries. Aman serves on the Firm’s Diversity/Inclusion Committee, Pro Bono and Community Service Committee and Associate Development Committee. Read Amandeep Sidhu’s full bio.

Photo of T. Reed Stephens T. Reed Stephens

T. Reed Stephens represents clients in the life sciences industry, including pharmaceutical and biotech manufacturers, wholesalers and individuals, as well as health care systems and non-health care related companies in other global industries such as the defense and financial services/banking sectors. He also represents clients in matters involving state and federal government law enforcement, voluntary disclosures and congressional investigations. Read T. Reed Stephens’ full bio.

Photo of Paul M. Thompson Paul M. Thompson

Paul M. Thompson focuses his practice on white-collar criminal defense, congressional investigations and appellate matters. He is a current member of the Firm-wide Management Committee and a former member of the Firm’s Executive Committee. From 2011 to 2015, Paul served as partner-in-charge of the Washington, DC office. Read Paul M. Thompson’s full bio.

Photo of Monica Wallace Monica Wallace

Monica A. Wallace focuses her practice on complex regulatory and transactional counseling to health care organizations, including health systems, hospitals, ambulatory surgery centers, physician groups, dental providers, integrated delivery systems, academic medical centers, DMEPOS and pharmaceutical manufacturers and suppliers, home health agencies, and venture capital and private equity firms and their health-related portfolio companies. Read Monica A. Wallace’s full bio.

Photo of Natalie Colvin Natalie Colvin

Natalie Colvin focuses her practice on complex civil litigation.

While in law school, Natalie was a member of The George Washington International Law Review. She also interned with The Honorable Francisco A. Besosa, US District Court for the District of Puerto Rico, and with The Department of Homeland Security, Office of Civil Rights and Civil Liberties. Read Natalie Colvin’s full bio. 

Photo of Matthew M. Girgenti Matthew M. Girgenti

Matthew M. Girgenti focuses his practice on complex civil litigation and government investigations. He has experience in a broad range of litigation matters, including

  • Fifth Amendment takings claims against the federal government
  • Contract and tort disputes between commercial entities
  • Americans with Disabilities Act claims defense
  • False Claims Act litigation
  • Administrative, state and federal motion and appellate practice

Read Matthew Girgenti’s full bio.

Photo of Sophia Luby Sophia Luby

Sophia A. Luby focuses her practice on complex civil litigation. Read Sophia Luby’s full bio.