Government Investigations

Attorneys from Baker Donelson’s Health Law Group have teamed with its Government Investigation and Litigation Group to develop a nationally recognized practice defending health care providers in government investigations. That practice area is now known as the Health Care Government Investigations group.

To defend successfully the complex and often parallel civil, criminal and administrative proceedings arising under the False Claims Act and its qui tam provisions, Stark, the Anti-Kickback statute, and a wide array of state laws, the Firm combines the experience of our health care regulatory lawyers with the litigation and trial advocacy experience of our former federal and state prosecutors, judges and agents. As a result, the Firm is better able to represent clients from the beginning of an investigation through settlement, trial or appeals. Our attorneys understand federal and state health care laws and know how to respond to the receipt of subpoenas or the execution of a search warrant (including document retention notifications,) advising clients about controlling the scope of the investigation and the goals of agents and prosecutors, because we have not only defended health care fraud allegations, but have prosecuted health care providers as well.

Baker Donelson’s attorneys understand the investigative nuances and departmental requirements faced by the United States Department of Justice and its agencies, including the United States Attorney’s office; the Federal Bureau of Investigation; the United States Department of Health and Human Services Office of Inspector General, Audit Services; Office of Counsel to the Inspector General or the Center for Medicare and Medicaid Services and its contractors; and state Attorneys General and their Medicaid Control Fraud Units. A clear understanding of what agents and prosecutors are trying to accomplish is an essential element in defending health care fraud allegations. It requires hiring attorneys who have worked for the government and teaming those attorneys with seasoned health care regulatory attorneys. Understanding the different types of subpoenas used and why, the reasons for the execution of a search warrant, when to cooperate and when to prepare for trial, the complexity of the parallel investigations and the legal requirements imposed by using a Grand Jury, how to effectively use public policy arguments, and how to develop a beneficial relationship with agents and prosecutors are all imperative in successfully defending cases. At Baker Donelson, we have the proven experience to defend health care fraud allegations.

Once issues of liability are resolved, we have experience in negotiating Corporate Integrity Agreements with the United States Department Health and Human Services Office of Inspector General. We also advise our clients on satisfying the compliance and reporting requirements under these agreements.