Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Baker Donelson attorneys have an extensive depth of experience in litigation involving health care providers, pharmaceutical companies, medical device manufacturers, group purchasing organizations and other for-profit and not-for-profit entities involved in the health care industry. Baker Donelson represents health care clients in fraud and abuse investigations conducted by the Department of Justice, United States Attorneys' Offices, the Office of Inspector General at the U.S. Department of Health and Human Services, and state Medicaid fraud enforcement authorities. These cases include assisting clients with internal investigations of possible violations, defense of grand jury subpoenas and proceedings, defense of search warrants, negotiations with prosecutors, and handling criminal pleas, trials and sentencing.

Services Available

Baker Donelson also counsels clients on establishing compliance and auditing programs designed to prevent violations of law. Our compliance program advice includes legal support for health care organizations in connection with fraud and abuse investigations, state and federal anti-kickback, self referral, unfair trade practices, false claims and secondary payor issues.

Baker Donelson trial attorneys have substantial experience in defending qui tam related cases, government-initiated False Claims Act cases and other civil enforcement initiatives, including licensing and exclusion from federal programs. We have significant experience representing corporations, officers, directors, employees and other individuals in internal investigations as well as in grand jury investigations and criminal trials.

Representative Matters

• Successfully represented a hospital in an HHS-OIG investigation of hospital cost reports that involved seven fiscal years and multiple jurisdictions.
• Obtained summary judgment for defendant client in qui tam litigation.
• Settled qui tam litigation for 20% of total damages and penalties sought.
• Represented physician group in settlement of False Claims Act investigation of hospital and emergency services.
• Represented podiatrists in False Claims Act investigation.
• Represented fired hospital employee in federal investigation of False Claims Act violations.
• Settled False Claims Act investigation of psychiatric hospital.
• Represented successor hospital in qui tam investigation by Department of Justice involving alleged Stark violations.
• Represented hospital coding consultants in qui tam litigation.