White Collar Healthcare Fraud, Compliance & Litigation

The members of this working group provide advice to clients with strategies and options for defending business arrangements and managing the risk of non-compliance with the federal and state healthcare fraud and abuse laws. Our attorneys represent a broad span of healthcare organizations in connection with enforcement, compliance, and litigation matters throughout the United States.

Our group works with a wide range of clients, including hospitals, nursing homes, home health agencies, medical device companies, and other healthcare organizations as well as individual healthcare professionals and management representatives. 

The team combines real-world and creative legal experience and practical decision-making to assist clients with healthcare enforcement, litigation, and compliance matters. 

Defense of individuals and organizations accused of healthcare fraud in criminal, civil, and/or administrative matters

The proliferation of all types of enforcement and litigation matters in the healthcare industry presents numerous challenges, which require multidisciplinary talent often with a wide range of experience.  

Our team of experienced lawyers and paralegals are dedicated to different stages of handling a federal or state criminal enforcement action or a civil False Claims Act case or other healthcare litigation matters. The group has successfully represented healthcare providers involved in complex legal disputes and antitrust litigation, giving us a deep understanding of these challenges and the issues faced by healthcare professionals as well as the ability to devote our efforts to minimizing liability and potential reputational damage. 

We have developed a dedicated team of attorneys who collaborate with each other in representing clients in innovative and efficient ways. These attorneys work closely with clients and public policy advisors (both federal and state) to strategize and provide comprehensive representation at both trial and appellate levels. 

At Nelson Mullins, we pride ourselves on our devotion to our clients every step of the way, handling situations proficiently with our healthcare legal knowledge and responsiveness to sensitive matters.

The firm’s White Collar Healthcare Enforcement, Compliance & Litigation attorneys include former

• Federal prosecutors with the Department of Justice, including a U.S. Attorney, Assistant U.S. Attorneys, and Main Justice Trial Attorneys
• Representatives of the Office of Inspector General of Health and Human Services (“HHS-OIG”)
• Hospital general counsel
• Compliance counsel
• Hospital and nursing home administrators
• Outside healthcare consultants

Experience working with clients to prevent and/or manage compliance risk by

• Assisting healthcare organizations with due diligence in mergers and acquisitions and in the development of effective compliance programs
• Assisting healthcare organizations with resolving reports of non-compliant activity
• Providing guidance in identifying and analyzing existing practices to avoid potential violations of fraud and antitrust laws
• Implementing proactive and sustainable compliance activities and strategies
• Conducting internal investigations of reports of non-compliant activity
• Directing these matters to a successful resolution, including through self-disclosure processes with enforcement and regulatory agencies

Our clients span across the healthcare industry

• Hospitals and hospital systems 
• Long-term care facilities 
• Ambulatory surgery centers
• Medical device companies
• Home health agencies
• Retail and specialty pharmacies 
• Durable medical equipment providers 
• Physicians and physician practices 
• Healthcare private equity organizations, entrepreneurs, and executives
• Other healthcare business organizations

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Represented individuals under investigation for criminal, civil, and administrative liability
• Represented entities under investigation for involvement (unwitting and otherwise) in alleged fraudulent practices and operations
• Represented entities prior to investigation or enforcement actions in auditing context for involvement (unwitting and otherwise) in alleged non-compliant activity
• Team includes a former United States Attorney, Assistant United States Attorneys, Main Justice Trial Attorneys, and Counsel to the Office of Inspector General of Health and Human Services 
• Team has extensive first-chair trial experience both prosecuting and defending criminal and civil healthcare fraud cases