Government Audits, Investigations and Litigation

Mintz Levin’s experienced litigators and health law attorneys represent clients in government audits and investigations, in civil and criminal cases in state and federal courts, in proceedings before administrative tribunals and regulatory agencies, in Medicare reimbursement appeals, and in survey and certification determinations. Where appropriate, we assemble integrated, interdisciplinary teams to meet difficult litigation challenges. As a result, our health industry clients have enjoyed trial victories, pretrial dismissals, rejection or decertification of plaintiff classes, and advantageous settlements.

Government investigations and lawsuits often emanate from allegations involving violations of complex statutory and regulatory provisions affecting the health industry. Our extensive experience in providing compliance guidance to clients has given us the knowledge and background to develop creative and effective defenses and strategies. Many Mintz Levin attorneys have worked for the government agencies that initiate investigations and prosecute criminal and civil health care cases, which gives us access to a wealth of experience and contacts.

Our experience and accomplishments in this area include:

• negotiating a $21 million settlement for a hospital client in a Medicare reimbursement appeal before the Provider Reimbursement Review Board
• serving as health care regulatory counsel to a hospital executive and his management company in a criminal cost report fraud case, United States v. Jones (5th Cir. January 16, 2007), and obtaining reversal of the district court’s sentencing and restitution order based on weaknesses in the government’s case
• successfully defending a for-profit hospital chain in a suit where the plaintiff sought to enjoin our client’s leveraged buyout
• obtaining a favorable resolution for a large retail pharmacy client in connection with a government investigation into pharmacy reimbursement for generic pharmaceuticals
• successfully defending a hospital client against a preliminary injunction motion and multiple follow-on motions regarding medical decision-making rights, patient visitation issues, and access to medical records in a matter involving an elderly patient.

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