State and federal government agencies are becoming increasingly more aggressive in their pursuit of alleged fraud and abuse issues against healthcare providers. Categorization of a simple billing error as a civil False Claims Act prosecution instead of as a criminal charge, for instance, can depend heavily on the ability of counsel to advocate effectively during the earliest stages of an investigation.
We have represented all types of individuals and organizations involved in the healthcare system. Our clients include physicians, executives, hospitals, clinics, assisted living facilities and medical billing services companies.
Knowing how to navigate through the complexities of both state and federal healthcare law takes practical experience. Our attorneys know how to create winning defense strategies, including identification of both successful and unsuccessful defenses, in government investigations of fraud and abuse. Our experience includes:
- Medicare fraud
- Medicaid fraud
- Billing fraud
- Kickbacks and gratuities
- Conflicts of interest
- Medical Board of California fraud investigations
Matthew Umhofer earned the title of “Attorney of the Year” by California Lawyer Magazine due to his expertise in successfully defending individuals and companies from government allegations of healthcare fraud. Among his many successful representations, Mr. Umhofer secured the dismissal of a $600 million fraud claim against a non-profit healthcare provider and prevailed on appeal before the Ninth Circuit.
Samuel Josephs is a former federal public defender who has vast experience defending against healthcare fraud allegations that result in favorable outcomes for his clients. Mr. Josephs recently resolved a criminal case against a physician-owner of a medical management company who was accused of healthcare fraud. Through diligent negotiations, he was able to successfully avoid the filing of a civil False Claims Act case against that client, resulting in the government’s return of more than $3 million of funds.
Anthony Brown is a former Assistant United States Attorney who has defended hospital systems and private individuals in a broad range of allegations brought on by federal and state agencies, including financial mismanagement; violations of the False Claims Act, the Anti-Kickback Statute, and the Stark Law; and the unlicensed practice of medicine occurring at ambulatory surgical centers. He is currently representing recovery homes and treatment facilities that are being investigated for violations of the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”).