HLB is the “go-to” firm when it comes to civil or criminal health care investigations. In addition to the many providers we have directly represented, our White Collar Criminal Defense Team is often called in by clients to advise on internal investigations, and by other law firms to handle the complex issues of investigations.
We have handled hundreds of government civil and criminal health care investigations. Our representation includes numerous cases under federal and state civil and criminal false claims acts, civil monetary penalty laws, and similar statutes. We represent clients in both investigations and audits by the U.S. and California Departments of Justice, CMS, the federal Drug Enforcement Agency, the U.S. Department of Health and Human Services, Office of Inspector General, state Medicaid agencies and various other government agencies.
We are regularly retained by all types of health care providers, including investigations of large national companies. In one investigation of a large hospital company, for example, the firm handled 26 cases, representing 330 hospitals and over 1,250 cost reports in civil, criminal and administrative investigations, and intervened and non-intervened cases. Our attorneys met with senior members of the U.S. Department of Justice, the FBI and CMS on a regular basis over four years. The specific issues included claims submission, cost reports, kickback and other referral (Stark) issues.
The firm is very active in defending providers against False Claims Act cases brought by whistleblowers. We have numerous intervened and non-intervened cases we are currently handling. We have been involved in some of the largest health care qui tam cases. Further, at any given time, the firm is involved in numerous False Claims Act investigations throughout the country as part of its work mix.
Our White Collar Defense Team itself spans the country and includes former federal and state prosecutors. Our attorneys are nationally-recognized experts in Stark, Anti-kickback and self-referral laws. Founding partner Patric Hooper for example, was the first chair of the Fraud and Abuse Interest Group of the ABA Health Law Section. Our White Collar Criminal Defense Team is supported by attorneys in our broader litigation practice, as well as our regulatory experts. Partner Charles Oppenheim for example, authored the original and numerous revisions of the American Health Lawyers Association treatise on Stark Law.
Following is a list of the wide-ranging issues and types of cases we handle:
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