Arent Fox has assembled a formidable team of health care regulatory experts, former federal and state prosecutors, seasoned litigators, and related professionals to help health care providers and suppliers in all types with civil, criminal, and administrative investigations and litigation related to the False Claims Act (FCA) and other federal and state statutes. Our litigators include a former federal district court judge, a US Attorney, the former Chief of Government Fraud Section (Los Angeles), assistant US attorneys, an assistant district attorney, an OIG Senior Trial Attorney, and a JAG Chief Judge. Our regulatory experts also include numerous former government officials, who have spent decades developing expertise on the applicable Medicare, Medicaid requirements, the Stark Law, the Anti-Kickback Statute and other state and federal fraud and abuse laws, and are recognized experts in the field. The resulting combination of regulatory and litigation expertise gives our clients substantial resources to respond to an extremely difficult enforcement environment. In addition, Congressional investigations of health care providers, suppliers, and manufacturers are becoming commonplace. Our firm is based in the nation’s capital, making us a preferred law firm for clients needing Washington, DC experience, and our Government Relations practice includes a former Senator, a former Congressman, and former Congressional senior staff who routinely advise clients on their interactions with Capitol Hill, including in the context of investigations.
We routinely counsel clients under investigation by numerous federal and/or state agencies, including the DOJ — both Main Justice and US Attorneys’ offices throughout the country, the FBI, the OIG, Medicaid Fraud Control Units, and state Attorney General offices. These investigations have involved allegations of billing for medically unnecessary services, allegations of fraudulent billing, upcoding, improper inpatient admissions, kickbacks, Stark Law and kickback violations, wrongdoing during clinical research, and violations of the Prescription Drug Marketing Act. Increasingly, many of these investigations have both a criminal, as well as a civil, component, span multiple years and require the review and production of hundreds of thousands of documents including ESI. Arent Fox attorneys frequently work with the government to limit the scope of the required production to decrease the risk of exposure and dramatically reduce the cost for clients. Further towards this end, we have attorneys and other professionals help identify the best and most cost-effective technology platforms to expedite the document review process. Depending on the needs of the case and client, we also frequently use our trained teams of paralegals and attorneys to perform the document review as expeditiously as possible.
Bringing together experienced advisers from our health care, litigation/white collar, and government relations practices, Arent Fox has helped clients resolve many investigations early in the process through a cooperative effort leading to favorable settlements or, in some cases, no liability whatsoever.