Representative Experience

Litigation

• Successfully defended on appeal a major academic medical center in connection with a lawsuit challenging the establishment of a new hospital as allegedly violating Georgia's Hospital Acquisition Act.
• Successful agency appeal and resolution on behalf of major for profit hospital of EMTALA fine resulting in reduction of fine to ten percent of original assessment, with a savings of several million dollars.
• Successful defense and resolution of qui tam action against major academic medical center in matter alleging violations of False Claims Act arising out of allegedly unnecessary and experimental surgeries.
• Obtained dismissal with prejudice of qui tam action alleging violation of Georgia's qui tam statute by faculty practice, in first reported appellate case dealing with required intent and sciences of such statute.
• Obtained multi-million dollar federal court judgment following arbitration on behalf of academic medical center for breach of consulting contract involving Medicaid upper payment limit program.
• Successfully represented three physicians in connection with a multi-million dollar dispute over equity interests in a radiation oncology company resulting in a multimillion dollar settlement for each of the three physicians.
• Obtained multi-million dollar judgment after jury trial in action challenging fraudulent transfers and conveyances.
• Obtained jury verdict in federal court action on behalf of whistleblower alleging retaliation under False Claims Act for cooperation with Governmental investigation.
• Successfully represented an Oregon community hospital in obtaining a pre-litigation settlement of managed care claims in excess of $1 Million against a publicly-traded health insurer.
• Obtained a multi-million dollar settlement in an arbitration proceeding brought by a Chicago not-for-profit health system against a publicly-traded managed care company.
• Obtained Dismissal with Prejudice of a Medicare Secondary Payor whistleblower lawsuit in Federal Court in Arkansas.
• Successful defense of licensure revocation hearings for assisted living facilities of publicly-traded company.
• Obtained a favorable settlement for the pharmacy operations of a publicly-traded company for investigation of billing practices in Georgia.
• Successful representation on appeal of hospital system in connection with physician's challenge to hospital governing board's ability to make final decision in credentialing disputes.
• Successful representation of major not-for-profit hospital system in Georgia in connection with claims and dispute against major, publicly-traded managed care company resulting in a multimillion dollar settlement in favor of the hospital system.
• Successful representation of cardiologist in False Claims Act suit filed in federal court in Georgia.
• Successful representation of specialty orthopedic physician practice in connection with dispute and claims against single specialty practice management company involving long-term management agreement.
• Successful resolution of qui tam action against hospital and physicians alleging violation of False Claims Act relating to various supervision and compensation relationships.

Certificate of Need

• Represented not-for-profit healthcare system in obtaining approval for largest CON regulated hospital project then existing in State of Georgia.
• Represented large not-for-profit healthcare system in obtaining Certificate of Need to establish radiation therapy services, reversing desk level agency decision over opposition of agency and competitive system, and defense of same at Court of Appeals.
• Obtained Certificate of Need approvals for five freestanding rehabilitation hospitals in State of Georgia over last eight years, including three decisions reversing initial agency denial of CON and defending same on appeal.
• Obtained approvals for well over $2BN of new and expansion CON projects in the State of Georgia.
• Represent eight-hospital not-for-profit health system in numerous Certificate of Need matters, including new hospital, radiation therapy, ambulatory surgical, neonatal intensive care and multiple other matters.
• Successful representation of academic medical center in connection with obtaining a Certificate of Need for a new 100 bed hospital in Columbia County over the opposition of two competing healthcare systems.
• Successful representation of not-for-profit hospital in obtaining a Certificate of Need for obstetrical services over opposition of large healthcare system.
• Successful representation of publicly-traded entity providing inpatient rehabilitation services for Certificate of Need for new hospital, reversing desk level agency decision.
• Successfully represented a faculty practice plan of academic medical center in connection with its application for a Certificate of Need for ASC over the opposition of various existing providers.
• Successfully represented a national behavioral company in obtaining a Certificate of Need and defending on appeal a unique senior psychiatric program to be operated as a hospital within a hospital.
• Successful opposition to Certificate of Need for open heart surgical services after evidentiary hearing and appeal.

Regulatory/Transactional

• Successful appeal of denial of accreditation by major accreditation agency respecting large not-for-profit healthcare system.
• Successful self-disclosure to OIG's Anti-Kickback protocol respecting hospital/physician management services arrangement that was not operated consistently with underlying contractual documentation and requirements.
• Advised large not-for-profit system on sale of hospital and related assets, including advice on various regulatory matters uncovered during transaction process.  
• Represented faculty practice plan in connection with restructuring of major academic medical center.
• Representation of major not-for-profit health care system in connection with acquisition of four cardiology practices and establishment of Heart Center of Excellence.
• Represented 150 member physician group in connection with unwind and termination of long term practice management agreement with publicly-traded practice management company.
• Representation of major not-for-profit healthcare system in connection with acquisition of assets and equity interests in prominent radiation therapy centers.
• Unwind of 60 physician multi-specialty group from long-term management contract with practice management company and repurchase of assets.
• Representation of integrated healthcare system in employment of physicians in large multi-specialty group.
• Representation of integrated healthcare system in acquisition of interests in highly specialized hospital based practice.