Ellyn L. Sternfield: Lawyer with Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Ellyn L. Sternfield

Phone202.434.7445

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Experience & Credentials
 

Practice Areas

  • Health Care Enforcement Defense
  • State & Federal Audits
  • Investigations & Litigation
  • Fraud & Abuse
  • Compliance & Regulatory Counseling
  • White Collar Defense
  • Life Sciences
  • Government Investigations & Enforcement
  • Arbitration
  • Mediation & Alternative Dispute Resolution
  • Health Law
  • Privacy & Security
  • Health Care
 
Contact InfoTelephone: 202.434.7445
Fax: 202-434-7400
http://www.mintz.com/professionals/detail/name/ellyn-l-sternfield
 
University George Washington University, B.A.
 
Law SchoolWashington University, J.D.
 
Admitted1981, Missouri; 1992, Oregon; District of Columbia; Utah
 
Memberships 

Professional & Community Involvement
•Co-chair, National Forum on Pharmaceutical Pricing Litigation, American Conference Institute (October 2012)
•Past member, St. Louis County Metropolitan Task Force on Child Sexual Abuse
•Member, NAMFCU Global Case Committee (1998 - 2009)
•Co-chair, NAMFCU Global Case Committee (1999 - 2008)
•Past president, National Association of Medicaid Fraud Control Units
•Member, Washington University (St. Louis) Washington, DC Regional Cabinet
•Past board member, Jewish Family and Children Services of Oregon
•Past board member, Mittleman Jewish Community Center
•Past chair, Mittleman Jewish Community Center Kids Corner Committee
•Past member, Board of Advisors for St. Louis Warson House Home for Girls

 
Biography

Ellyn has more than 30 years of legal experience, with an extensive background in the field of government health care enforcement.

Ellyn's experience enables her to provide valuable insight to clients facing potential state or federal investigations, or who have general compliance concerns. Ellyn currently represents a variety of health care product and service providers in federal and state administrative, civil, and criminal matters around the country. She conducts internal reviews and investigations for clients concerned about potential compliance issues, including compliance investigations having to do with data security and privacy safeguards. Ellyn advises clients on proposed or existing health care business arrangements, especially those involving Medicaid, Medicare, and the 340B Drug Pricing Program. Ellyn drafts compliance plans to help insulate clients from future whistleblower claims or enforcement efforts. And Ellyn helps negotiate resolutions of matters brought under federal or state false claims acts.

Prior to joining Mintz Levin, Ellyn spent more than 15 years as the director of the Oregon Department of Justice's Medicaid Fraud Control Unit, supervising investigations and prosecutions of criminal and civil health care billing fraud and patient neglect cases in both state and federal court. Ellyn handled a wide variety of complex health care cases, and developed specialized experience in qui tam false claims actions. Ellyn was the lead state attorney in multiple “global” health care matters, heading up major false claims investigations and settlements involving national and international health care providers. Ellyn co-chaired the National Association of Medicaid Fraud Control Units (NAMFCU) Global Case Committee for more than 10 years, and was instrumental in developing the processes in use today for coordinating federal and state false claims investigations. She also developed and presented training programs for government attorneys, auditors, and investigators who investigate and pursue false claims health care cases.

Ellyn previously served as the chief of the Consumer Rights Division of the Office of the Utah Attorney General, overseeing administrative, civil, and criminal consumer-based investigations and litigation. Ellyn began her legal career as a defense attorney with the Clayton, Missouri firm of Wolff and Frankel.

Ellyn frequently speaks and writes on health care fraud and abuse matters, and is a contributor to the Mintz Levin Health Law & Policy Matters blog.

Newsroom
• Quoted in OIG Certifies Fraud Savings, Recommends Better Reporting, BNA's Health Care Daily Report (07.15.2015)
• Quoted in States Not Reporting Full Data on Medicaid Managed Care Services, OIG Report Says, BNA's Health Care Daily Report (07.07.2015)
• Quoted in Life Sciences Cases To Watch In the 2nd Half Of 2015, Law360 (07.06.2015)
• Quoted in Health Cases To Watch In the 2nd Half Of 2015, Law360 (07.02.2015)
• Quoted in Accuracy Still a Concern After Release Of Drug, Device Company Payment Data, BNA's Medical Devices Law & Industry Report (07.01.2015)
• Quoted in Orphans Knocking on the Door, Managed Care Magazine (04.2015)
• Mintz Levin/ML Strategies Representatives to Speak at AHLA's Institute on Medicare and Medicaid Payment Issues, (03.24.2015)
• Mintz Levin Attorney Ellyn L. Sternfield to Speak at ABA's 16th Annual Conference on Emerging Issues in Health Care Law, (03.05.2015)
• Quoted in 2 Years On, FCA Battles Test Caronia Ruling's Reach.”, Law360 (11.26.2014)
• Quoted in 5 Lessons From DOJ's Blockbuster FCA Haul, Law360 (11.26.2014)
• Mintz Levin Attorneys Theresa C. Carnegie and Ellyn L. Sternfield to Speak at Pharmacy Benefit Oversight and Compliance Congress, (11.10.2014)
• Quoted in CMS Final Rule Firms up Fraud Controls over Managed Care, Part D Drug Benefit, Bloomberg BNA's Health Law Resource Center (05.28.2014)
• Mintz Levin Attorney Ellyn L. Sternfield to Speak at American Conference Institute's National Forum on Pharmaceutical Compliance and Enforcement, (03.19.2014)
• Mintz Levin Attorney Ellyn L. Sternfield to Present at American Conference Institute's Advanced Forum on Healthcare Provider Disputes, (03.05.2014)
• Quoted in Lawyers Say Drugmakers May Follow GSK Marketing Overhaul, Reuters (12.18.2013)
• Quoted in GlaxoSmithKline Announces Changes to Global Sales, Marketing Practices, BNA's Pharmaceutical Law & Industry Report (12.17.2013)
• Quoted in Delays Expected As Result of Furloughs at FDA, HRSA, Modern Healthcare (10.01.2013)
• Quoted in Law Firm Launches App for Whistleblowers, Reuters (09.27.2013)
• Quoted in Courts Rein in FCA Suits over Medicare Billing Mistakes, Law360 (09.09.2013)
• Quoted in FCA's Reach at Stake as DOJ Jumps into 1st Circ. Fight, Law360 (08.14.2013)
• Quoted in CMS Announces First Temporary Moratoria for Medicare Provided, Supplier Enrollment, BNA's Health Care Fraud Report (08.07.2013)
• Quoted in Orphan Drug Rule Raises Off-Label Worries for Drug Makers, Reuters (07.31.2013)
• Quoted in Court Overturns $11 Million False Claims Act Award in Medicare Case, Inside Counsel (06.01.2013)
• Quoted in HR Crucial in Protecting Companies from Whistleblowers Lawsuits, Attorneys Say, BNA's Health Care Fraud Report (05.29.2013)
• Quoted in OIG Final Rule Allows State MFCUs to Use Federal Funding for Data Mining Technology, BNA's Health Care Fraud Report (05.29.2013)
• Quoted in States Pressured to Match Their False Claims Acts to Federal Law, Reuters (05.24.2013)
• Quoted in OIG Issues New Guidance for Healthcare Companies on Excluded Workers, Reuters (05.09.2013)
• Mintz Levin Attorney Ellyn L. Sternfield to Moderate Panel at ACI's In-House Counsel Forum on Government Regulation of Prescription Drug Pricing, (02.22.2013)
• Quoted in What Do the Election Results Mean for Medicaid?, Lawyers.com (11.15.2012)
• Mintz Levin Attorney Ellyn L. Sternfield to Moderate Panel at ACI's In-House Counsel Forum on Prescription Drug Pricing, (05.10.2012)
• Mintz Levin Attorney Ellyn L. Sternfield to Speak at Commercialization and Market Access Congress, (11.28.2011)
• Mintz Levin Attorney Ellyn L. Sternfield on Faculty of National Institute on Health Care Fraud, (03.22.2011)
• Ellyn L. Sternfield Joins Mintz Levin's Washington D.C. Office, (11.16.2010)

Publications
• Co-author, Over a Decade in the Making: CMS Releases Long-Awaited Medicaid Managed Care Rule, Mintz Levin Health Law and ML Strategies Advisory (06.05.2015)
• Co-author, Will State Action on Biosimilars Thwart Anticipated Savings for Private Government Health Care Programs, BNA's Medicare Report (05.29.2015)
• Co-author, CMS Proposes Major Changes to Medicare Part C and Part D, BNA's Medicare Report (03.07.2014)
• Co-author, CMS Proposes Major Rule Changes to Increase Payment Accuracy and Improve Program Integrity in Medicare Part C and Part D, BNA's Health Care Fraud Report (03.05.2014)
• Co-author, CMS Proposes Major Changes to Medicare Parts C and D, Health Law Advisory (01.21.2014)
• Author, Five Takeaways from the OIG's Special Advisory Bulletin on Exclusion, Health Law Advisory (05.10.2013)
• Author, The Pressure Is On For 340B Entities, Law360 (03.04.2013)
• Co-author, Sanctions Imposed on Qui Tam Counsel for Failing to Meet Ethical Standards Relating to the Use of Privileged Documents, Health Care Enforcement Defense Advisory (01.23.2012)
• Author, In Pursuit of Individual Exclusions, Law360 (08.2011)
• Co-author, The Government Announces Predictive Modeling Technology for Medicare To Go Live on July 1, 2011, Health Care Enforcement Defense Alert (06.21.2011)
• Co-author, ACO Fraud & Abuse Provisions, Health Care Reform Advisory (05.06.2011)
• Co-author, HHS Boosts State Health Care Enforcement Authorities, Health Care Enforcement Defense Advisory (03.23.2011)
• Co-author, FDA to Begin Revamping the 510(k) Medical Device Review Program, Life Sciences Advisory (01.25.2011)
• Author, Mo V. Spilton And False Claims Penalties, Law360 (01.25.2011)
• Author, Missouri v. Spilton and False Claims Penalties, Law360 (01.2011)
• Author, DOJ and HHS Announce Efforts to Obtain Proactive Data Mining Tools to Supplement Anti-Fraud Efforts, Health Care Enforcement Defense Alert (12.17.2010)
• Author, The NAMFCU Global Newsletter, (10.2008)

Speaking Engagements
• Panelist, Will State Action on Biosimilars Thwart Anticipated Savings for Health Care Programs, Bloomberg BNA (08.05.2015)
• Panelist, Vendor Relationships: What a Physician Needs to Know, American Bar Association's Physicians' Legal Issues Conference, American Bar Association, Chicago, IL (06.11.2015)
• Panelist, The 340B Program: Overview, Compliance, and What to Expect in the Year Ahead, Institute on Medicare and Medicaid Payment Issues, AHLA, Baltimore, MD (03.25.2015)
• Panelist, Whistleblowers, Compliance and Criminal and Civil Liability for Health Care Fraud: Emerging Strategies for Organizational Response to Non-Compliant Conduct, Enforcement Action and Voluntary Disclosure, 16th Annual Conference on Emerging Issues in Healthcare Law, American Bar Association, Lake Buena Vista, FL (03.06.2015)
• Moderator, State Enforcers' Roundtable, In-House Counsel and Pricing Executive Forum on Government Regulation of Prescription Drug Pricing, ACI, New York, NY (06.24.2014)
• Speaker, Multi-State Survey - Adjusting Compliance Programs from Standard Models in order to Meet Varied State Guidelines, National Forum on Pharmaceutical Pricing Litigation Conference, American Conference Institute, Philadelphia, PA (03.21.2014)
• Speaker, Overcoming Challenges Caused by Program, RAC, ZPIC, and MIC Auditors and Contractors: Determining when a Finding of Fraud is Inappropriate and when to Challenge it, Advanced Forum on Healthcare Provider Disputes, American Conference Institute, Miami, FL (03.07.2014)
• Speaker, What Do the Proposed Changes to Medicare Parts C and D Mean for Your Business?, Mintz Levin, Webinar (01.29.2014)
• Speaker, Preventing Whistleblower Actions: Customizing an Effective Qui Tam Avoidance Program, Mintz Levin, Webinar (05.22.2013)
• Panelist, State False Claims Act Practice - Medicaid and Other Frauds at the State Level, False Claims Act: All Points of View, CLE International, San Francisco, CA (04.19.2013)
• Moderator, Survey and Analysis of state Pricing Enforcement Activities, In-House Counsel and Pricing Executive Forum on Government Regulation of Prescription Drug Pricing, American Conference Institute, New York, NY (02.27.2013)
• Speaker, Emerging Issues in the Prosecution and Defense of State Medicaid False Claims Cases, Bloomberg BNA, Webinar (01.09.2013)
• Speaker, Developing Litigation Strategy in Response to the Increase of Qui Tam and Whistleblower Cases Proceeding to Trial, National Forum on Pharmaceutical Pricing Litigation Conference, American Conference Institute, New York, NY (10.03.2012)
• Moderator, State and Federal Enforcers Panel: Adjusting Trial Strategy and Addressing Challenges When Moving into Litigation and/or Settlement, National Forum on Pharmaceutical Pricing Litigation Conference, American Conference Institute, New York, NY (10.02.2012)
• Moderator, State Pricing Enforcement Update: The State Enforcers Speak, In-House Counsel Forum on Government Regulation of Prescription Drug Pricing, American Conference Institute, New York, NY (06.28.2012)
• Speaker, Litigating False Claims Act Cases, ABA National Institute of Health Care Fraud Annual Conference, American Bar Association, Miami Beach, FL (05.13.2011)
• Speaker, State Enforcement and Medicaid Fraud, ABA National Institute of Health Care Fraud Annual Conference, American Bar Association, Miami Beach, FL (05.12.2011)

Recognitions & Awards
•HHS OIG Integrity Award (2005)
•President's Council on Integrity and Excellence Award for Excellence (2005)
•Multiple Oregon Department of Justice Outstanding Service Awards
•NAMFCU President's Leadership Award
•NAMFCU Case Leadership Award

 
ISLN903423029
 

Documents by this lawyer on Martindale.com

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$12.6 Million Sandoz ASP Reporting Settlement Raises More Questions Than It Answers
Ellyn L. Sternfield, June 18, 2015
Recently, HHS-OIG announced a first-of-its-kind settlement over pharmaceutical manufacturer reporting of Average Sales Price (ASP). Sandoz, Inc. agreed to pay a civil monetary penalty of $12.64 million for alleged failure to submit accurate ASP data to CMS.

The 340B Mega-Reg is Dead
Ellyn L. Sternfield, February 4, 2015
With all due credit to the Coroner from the Wizard of Oz, like the Wicked Witch of the East crushed by Dorothy’s house, the 340B Drug Discount Program mega-reg is “not only merely dead, it’s really most sincerely dead.” And to quote one of my favorite sports commentators,...

Federal Judge Awards Attorneys’ Fees to Defendant in Dismissed Qui Tam Case, Calls Whistleblower a “Serial Relator”
Samantha P. Kingsbury,Ellyn L. Sternfield, December 15, 2014
In November 2013 and this past October, Mintz Levin’s Health Care Qui Tam Update highlighted three separate qui tam False Claims Act (FCA) cases filed by Fox RX, Inc. (Fox), a former Medicare Part D plan sponsor. Fox filed one of those cases against OmniCare, Inc., PharMerica Corp., and...

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Office Information

Ellyn L. Sternfield

701 Pennsylvania Avenue, N.W.
WashingtonDC 20004-2608




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