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Health Care Law
The volume and complexity of laws and regulations governing health care have exploded over the last two decades, raising countless issues and concerns – as well as creating many opportunities – for those operating in the field. Because Helmsing Leach has, since its founding in 1976, represented hospitals, physician practices, nursing facilities, individual medical providers, pharmacists and myriad other categories of clients in the health care industry, our lawyers have developed expertise across the entire spectrum of health care law, including the handling of criminal proceedings, offensive and defensive civil cases, regulatory actions and transactional matters.
The firm has assisted health care clients respond to all manner of civil, regulatory and criminal investigations and proceedings, including matters pursued by the United States Department of Justice; the DEA, FBI and other law enforcement agencies; Medicaid Fraud Control Units; and state licensing boards, including medical and pharmacy boards. We have extensive experience assisting the targets of False Claims Act investigations and lawsuits, including qui tam and retaliation claims brought by whistleblowers. Our lawyers have worked with numerous clients in responding to Civil Investigative Demands served by the federal government. We have deep experience in dealing with cases involving Medicare and Medicaid fraud, the Stark Law and the Anti-Kickback Statute, and have helped clients successfully negotiate through the Self Disclosure Protocol of the Office of the Inspector General of the Department of Health and Human Services.
On the transactional side, our representations have included assisting clients to formulate and implement strategic business decisions; negotiate deals; draft corporate documents; obtain licenses, certifications and hospital privileges.
Helmsing Leach’s understanding of the health care industry in all of its aspects is enhanced by the firm’s long time, robust practices in such areas as medical malpractice defense and products liability lawsuits involving pharmaceuticals and medical devices, including numerous multi-district litigations.
- After winning dismissal of a majority of plaintiff’s claims on motion to dismiss, reached favorable settlement in False Claims Act lawsuit against physician practice alleging overutilization, unnecessary medical procedures and Anti-Kickback Law violations
- Represented specialty pharmacy being investigated by Mississippi Medicaid Fraud Control Unit. No action taken against client.
- In mediation with the government before the qui tam complaint was unsealed, reached favorable settlement of False Claim Act lawsuit against physician practice that included claims under the Stark Law, Anti-Kickback Statute, for alleged breach of numerous Medicare and Tricare regulations and retaliation.
- In multiple separate cases, assisted health care industry clients in responding to investigations by the Drug Enforcement Agency’s Diversion Control Program
- In multiple separate cases, conducted internal investigations for health care providers concerning possible fraud by physicians and other employees.
- Achieved favorable resolution for health care client facing substantial potential exposure under CMS’s 60-Day Overpayment Rule and Monetary Penalties Law by successfully utilizing Self Disclosure Protocol of the Department of Health and Human Services Office of the Inspector General.
- United States ex rel. Gacek v. Premier Med. Mgmt., 2017 U.S. Dist. LEXIS 101963, 2017 WL 2838179 (S.D. Ala. June 30, 2017) (won dismissal of three of four qui tam claims in False Claims Act whistleblower lawsuit)