Thomas S. Crane: Lawyer with Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Thomas S. Crane

Phone617.348.1676

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AV® Preeminent

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Practice Areas

  • Health Care Enforcement Defense
  • Fraud & Abuse
  • Compliance & Regulatory Counseling
  • State & Federal Agencies
  • State & Federal Audits
  • Investigations & Litigation
  • Medical Technology
  • Medicare
  • Medicaid & Commercial Payor Coverage & Payment
  • Health Law
  • Health Care
  • Life Sciences
  • Nonprofits
 
Contact InfoTelephone: 617.348.1676
Fax: 617-542-2241
Internet: Each Attorney's Internet Address takes the following form: first initial, last name @mintz.com (e.g., rmintz@mintz.com)

http://www.mintz.com/professionals/detail/name/thomas-s-crane
 
University Harvard University, B.A.; University of Michigan, M.H.A.
 
Law SchoolAntioch College, J.D.
 
AdmittedDistrict of Columbia; Massachusetts; United States Court of Appeals for the District of Columbia Circuit; United States Court of Appeals for the Fifth Circuit; United States Supreme Court; United States Court of Appeals for the Seventh Circuit; United States Court of Appeals for the Tenth Circuit; United States District Court for the District of Columbia; United States District Court for the District of Massachusetts; United States Court of Appeals for the First Circuit
 
Memberships 

Professional & Community Involvement

•Advisory Board, Health Care Fraud Report, published by the Bureau of National Affairs, Inc.
•Founding chairman, Fraud and Abuse, Self-Referrals, and False Claims Committee; Past member, Program Committee, AHLA/HCCA Annual Fraud and Abuse and Compliance Forum; Member, Technology Task Force: AHLA
•Member, Massachusetts Bar Association (Health Section)
•Member, District of Columbia Bar Association (Health Law Section, Steering Committee 1987 - 1990)
•Board of Directors, (Executive Committee, Audit Committee Chairman) Marine Biological Laboratory, Woods Hole, Massachusetts
•Town Moderator, Weston, Massachusetts (previously Assistant Town Moderator, 2011-2012, and Chairman, Town Meeting Advisory Committee, 2012)
•Board of Directors, Massachusetts Medical Device Industry Council (MassMEDIC)

 
Biography

Tom is nationally recognized for his experience with fraud and abuse. Practicing in Boston and Washington, DC, he advises national and local clients on structuring complex strategic affiliation arrangements and transactions to comply with the applicable fraud and abuse laws as well as the variety of other regulatory requirements to meet today's health reform challenges. His work in defending clients against anti-kickback, Stark Law, false claims, and whistleblower allegations includes litigation, internal investigations, self-disclosures, and negotiating settlements and Corporate Integrity Agreements (CIAs).

He has appeared before numerous US attorneys' offices, the FBI, and the Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services (CMS) around the country and in Washington. In addition, he has served as an expert witness and consulting expert in health care fraud cases.

In addition to his fraud and abuse defense work, Tom advises clients on the legal, practical, and fraud and abuse implications of business arrangements and sales and marketing practices. This part of his practice focuses on Medicare and Medicaid fraud and abuse compliance and reimbursement issues and related laws, including the federal Physician Payments Sunshine Act, 'meaningful use' of EHR technology, under arrangement and provider-based rules, and OIG issues.

Tom has implemented and audited comprehensive corporate compliance programs for clients in various health care sectors.

His clients have included hospital systems and executives, medical device and pharmaceutical manufacturers, pharmacies and pharmacy benefit management companies, physicians and groups, renal dialysis providers, supply companies, home care providers as well as national and state trade groups.

Tom has served in leadership positions with the American Health Lawyers Association (AHLA), the largest organization of health care attorneys in the country. He has written numerous articles, lectures frequently to health care providers and attorneys critiquing government fraud and abuse enforcement policies, and has extensive knowledge regarding the ethics of financial relationships among health care providers.

He became nationally known for his work on the anti-kickback statute during his tenure at the Office of Inspector General at the Department of Health and Human Services in Washington, DC. In particular, Tom gained recognition as a prosecutor in the Hanlester Network joint venture case and as the principal author of the 1991 safe harbor regulations.

Recognitions & Awards

•Recognized by the The Legal 500 United States for Healthcare: Service Providers (2014)
Best Lawyers in America: Health Care Law (2011 - 2015)
Chambers USA: Massachusetts - Healthcare (2009 - 2012)
Massachusetts Super Lawyers: Criminal Defense: White Collar (2004 - 2014)
•Martindale-Hubbell AV Preeminent
Nightingale's Healthcare News: Outstanding Fraud and Compliance Lawyers (2004)

Publications

•Author, Developments in Judicial Deference of Administrative Agency Actions, Health Law Advisory (04.22.2015)
• Co-author, What is the Anti-Kickback Statute?, American Bar Association (2015)
• Co-author, Proposed Rule Issued by OIG Realigns Its Enforcement Views with Health Care Reform Goals, Health Care Alert (10.09.2014)
• Author, Court Sides with CMS Stark Regulations on Physician-Owned Under Arrangement Service Providers, BNA's Health Care Fraud Report (07.24.2013)
• Author, Federal District Court Upholds Stark Regulation Ban on Physician-Owned Under Arrangement Service Providers, Health Law Advisory (06.19.2013)
• Co-author, CMS Publishes Final Sunshine Act Rule Creating New Regulatory Landscape for Physician-Manufacturer Interactions, BNA's Health Care Fraud Report (03.06.2013)
• CMS Publishes Final Sunshine Act Rule; Data Collection to Begin on August 1, 2013, Health Law Alert (02.04.2013)
• Sunshine Act Rule Reference Chart, Health Law Alert (02.04.2013)
• Co-author, HHS Issues Report to Congress on the Self-Referential Disclosure Protocol, BNA's Health Care Fraud Report (04.04.2012)
• Co-author, Proposed Physician Payment Sunshine Act Regulations Leave Many in the Dark, BNA's Health Care Fraud Report (01.25.2012)
• Co-author, Delicate Balance: Waiver of Fraud and Abuse Laws and Implementation of Program Integrity Requirements for the Medicare Shared Savings Program, BNA's Health Care Fraud Report (11.30.2011)
• Co-author, Will the Supreme Court Weigh In? Implied Certification Theory Under The False Claims Act, Health Care Enforcement Defense Advisory (10.17.2011)
• Co-author, The Bundled Payments Initiative - A Non-ACO Approach to Promoting Coordinated Care, Health Law Advisory (09.16.2011)
• Co-author, Seventh Circuit Upholds Conviction of a Physician for a Violation of the Anti-Kickback Statute, Health Care Enforcement Defense Advisory (06.09.2011)
• Co-author, CMS and OIG Issue Joint Notice, Solicit Comments Related to Waivers of Fraud and Abuse Provisions for Accountable Care Organizations, Health Care Reform Alert (04.06.2011)
• Co-author, Stark Law Update: CMS Finalizes Rule Regarding Disclosure Requirements for Certain In-Office Ancillary Services, Health Care Reform Alert (11.04.2010)
• Co-author, CMS Implements Self-Referral Disclosure Protocol Process to Self-Disclose Stark Law Violations, Health Care Reform Alert (09.27.2010)
• Co-author, Medicare in the 21st Century: Achieving Quality and Efficiency Through Payment and Service Delivery Reforms, BNA's Medicare Report (04.23.2010)
• Co-author, Risky Business: Health Care Reform's Fraud-Fighting Provisions Increase the Potential for Liability for All in the Health Care Industry, BNA Health Care Fraud Report (04.07.2010)
• Co-author, Payment Reform-A Catalyst for Increased M&A Activity, Health Care Reform Advisory (01.21.2010)
• Co-author, The Health Care Fraud Enforcement Juggernaut Continues, BNA Health Care Fraud Report (07.29.2009)
• Author, Self-Disclosure of Overpayments and Violations of Healthcare Laws, Journal of Health & Life Sciences Law (01.01.2008)
• Co-author, Health Care Article: Tennessee Settlement Shows Failure to Refund Overpayments Can Be a Crime, BNA's Health Care Fraud Report (02.28.2007)

Newsroom

•Mintz Levin Attorney Thomas S. Crane Elected American Health Lawyers Association fellow, (04.29.2015)
• Mintz Levin/ML Strategies Representatives to Speak at AHLA's Institute on Medicare and Medicaid Payment Issues, (03.24.2015)
• Quoted in Outlook 2015: Uptick Expected in Stark, Anti-Kickback FCA Cases, Self-Disclosures, BNA's Health Care Fraud Report (01.07.2015)
• Quoted in 7th Circ. Tosses Medicaid FCA Suit Against Shopko, Law360 (11.13.2014)
• Eighty-Five Mintz Levin Attorneys Named 2014 Massachusetts Super Lawyers and Rising Stars, (10.17.2014)
• Sixty-Two Mintz Levin Attorneys Included in The Best Lawyers in America, 2015 Edition, (08.18.2014)
• Nineteen Mintz Levin Attorneys and Seven Practice Areas Featured in 2014 Legal 500 United States Guide, (07.24.2014)
• Mintz Levin's Thomas S. Crane Appointed to Board of MassMEDIC, (05.07.2014)
• Mintz Levin Attorney Thomas S. Crane to Present at American Health Lawyers Association's Institute on Medicare and Medicaid Payment Issues, (03.26.2014)
• Quoted in Hospitals See Opening as Medicare Delays '2-Midnight' Rule, Law360 (02.03.2014)
• Quoted in Outlook 2014: Providers Face More Scrutiny, Compliance Burdens, Industry Watchers Say, BNA's Health Care Daily Report (01.14.2014)
• Quoted in Outlook 2014: Provides Face Increased Contractor Burdens, Exclusion Threats, BNA's Health Care Fraud Report (01.08.2014)
• Quoted in Health Care Cases to Watch in 2014, Law360 (01.01.2014)
• Mintz Levin Wins Dismissal of False Claims Act Charges Against Shopko Stores, (11.13.2013)
• Quoted in Health Industry in Limbo as Shutdown Halts Rulemaking, Law360 (10.10.2013)
• Quoted in High Court Sets Stage for Momentous FCA Ruling, Law360 (10.09.2013)
• Mintz Levin Attorney Thomas S. Crane to Speak on Panel at ACI's 5th Annual Forum on Sunshine Act Compliance & Aggregate Spend Reporting, (10.03.2013)
• Mintz Levin Attorneys Theresa C. Carnegie and Thomas S. Crane to Present at AHLA Fraud and Compliance Forum, (09.26.2013)
• Sixty-Three Mintz Levin Attorneys Included in The Best Lawyers in America, 2014 Edition, (08.15.2013)
• Quoted in Medicare's Doc Pay Plan Has Hospitals Eying Bottom Line, Law360 (07.15.2013)
• Quoted in CMS Regulations Banning Certain 'Per-Click's ervices and 'Under Arrangements' Upheld, BNA's Health Care Fraud Report (06.26.2013)
• Quoted in Tuomey Guilty of Stark, FCA Violations; Damages of Up to $357 Million Possible, BNA's Health Care Fraud Report (05.15.2013)
• Quoted in Hospitals Queasy over Medicare's Impatient Billing Fix, Law360 (05.13.2013)
• Quoted in CMS Just Getting Started on Hospital Readmission Penalties, Law360 (05.06.2013)
• Quoted in OIG, CMS Propose Extending Subsidy Protections for EHR Adoption, Medical Practice Compliance Alert (04.29.2013)
• Quoted Feds Clear Path for Cos. to Come Clean on Medicare Fraud, Law360 (04.17.2013)
• Quoted in Health Information OIG, CMS Proposed Rules Indicate EHR Penetration Still Lagging, Attorneys Say, BNA's Daily Healthcare Report (04.10.2013)
• Quoted in Enforcement CMS Expects to Receive About 100 Stark Law Disclosures in 2013, Official Says, BNA's Health Care Daily Report (03.25.2013)
• Quoted in Reps. Jump at Chance to Kill Reviled Medicare Pay Method, Law360 (02.07.2013)
• Quoted in CMS Releases Sunshine Act Final Rule, Healthcare Finance News (02.05.2013)
• Quoted in Final Sunshine Rule Gives Doctors More Room to Experiment, Law360 (02.05.2013)
• Quoted in Fraud and Abuse Outlook 2013: More Provider Exclusions, Greater Contractor Activity, FCA Actions, BNA's Daily Health Care Report (01.18.2013)
• Quoted Health Information Outlook 2013: Interoperability Tops Health IT Issues for New Year, BNA's Daily Health Care Report (01.17.2013)
• Featured in Supreme Court Upholds PPACA's Individual Mandate, Alters Medicaid Provision, The Lexblog Network (06.28.2012)
• Quoted in Health Care Ruling Brings Contract, Grant Opportunities, Law360 (06.06.2012)
• Quoted in CMS Has Received $805,000 in Self-Referral Disclosure Settlements, G2 Compliance Report (05.01.2012)
• Quoted in Fraud and Abuse: CMS Has Received $805,000 in Self-Referral Disclosure Settlements, Official Says, BNA's Health Care Daily Report (04.02.2012)
• Quoted in Increased Individual Fraud Prosecutions, RAC Expansion on Tap for 2012, Experts Say, BNA's Health Care Daily Report (01.19.2012)
• Quoted in No Sanctions for Proposed Online Referral Service for Health Professionals, BNA's Health Care Daily Report (12.08.2011)
• Quoted in U.S. Supreme Court Declines Review of Case on Liability for Causing False Claims, BNA's Health Care Daily Report (12.06.2011)
• Quoted in Online Coupons May Violate Anti-Kickback Rules, Medical Practice Compliance Alert (10.31.2011)
• Mintz Levin Attorney Thomas Crane to Testify Before U.S. Sentencing Commission on Guidelines for Health Care Fraud Convictions, (02.15.2011)
• Quoted in OUTLOOK 2011: Permissive Exclusions, Increase in Oversight Expected for 2011, BNA's Health Care Fraud Report (01.12.2011)

Speaking Engagements

•Panelist, Hot Topics in Overpayments and Stark Self-Disclosures, Institute on Medicare and Medicaid Payment Issues, AHLA, Baltimore, MD (03.25.2015)
• Speaker, The Scope of Permissible Anti-Kickback Discount Arrangements, American Health Lawyers Association Fraud and Compliance Institute, American Health Lawyers Association, Baltimore, MD (10.06.2014)
• Speaker, Overpayments and Disclosures, Institute on Medicare and Medicaid Payment Issues, American Health Lawyers Association, Baltimore, MD (03.27.2014)
• Panelist, Increased Transparency, Increased Enforcement: Preparing for the Four Most Likely Fraud and Abuse Actions Once the Data is Public, 5th Annual Forum on Sunshine Act Compliance & Aggregate Spend Reporting, American Conference Institute (ACI), New York, NY (10.08.2013)
• Speaker, The Nuts and Bolts of the Sunshine Act and Enforcement Implications, Fraud and Compliance Forum, American Health Lawyers Associaton (AHLA), Baltimore, MD (09.30.2013)
• Speaker, Stark Self-Disclosure, Institute on Medicare and Medicaid Payment Issues, American Health Lawyers Association, Baltimore, MD (03.21.2013)
• Speaker, The Nuts and Bolts of the Sunshine Act and Enforcement Implications, Bloomberg BNA, Webinar (02.27.2013)
• Speaker, Review of Sunshine Act Reporting Regulations, The Nuts and Bolts Of The Sunshine Act Regulation, Massachusetts Medical Device Industry Council (MassMEDIC), Waltham, MA (02.26.2013)
• Speaker, Dealing with Whistleblowers: Lessons Learned & Best Practices, MDMA Compliance Conference, Medical Device Manufacturers Association, Waltham, MA (11.14.2012)
• Speaker, Antikickback and Stark Update, Fraud and Compliance Forum, American Health Lawyers Association and Health Care Compliance Association, Baltimore, MD (10.01.2012)
• Speaker, The Federal Anti-Kickback Law: An Overview, Recent Enforcement Trends & Impact of Healthcare Reform, American Health Lawyers Association, Webinar (03.01.2012)
• Speaker, Anti-Kickback Statute Current Developments, Fraud & Compliance Forum, American Health Lawyers Association and Health Care Compliance Association, Baltimore, MD (09.26.2011)
• Speaker, Medicare and Medicaid Repayments and Self-Disclosures, AHLA Institute on Medicare and Medicaid Payment Issues, AHLA, Baltimore, MD (03.30.2011)
• Speaker, Fraud and Abuse Issues in Off-Labeling Marketing, The A to Z of Off-Label Issues, AdvaMed Medical Technology Learning Institute, Orlando, FL (01.26.2011)
• Panelist, Healthcare Reform's Fraud-Fighting Provision, Fraud and Compliance Forum, AHLA, Baltimore, MD (09.26.2010)
• Moderator, FCA Enforcement Against Pharmaceutical and Device Manufacturers and Health Care Providers, National Institute on the Civil False Claims Act and Qui Tam Enforcement, American Bar Association, Washington, DC (06.03.2010)
• Speaker, Fraud and Abuse Issues in Off-Label Marketing, The A to Z of Off-Label Issues, AdvaMed Medical Technology Learning Institute, Washington, DC (03.30.2010)
• Speaker, Repayments and Disclosures: Legal Requirements and Hard Choices, Institute on Medicare and Medicaid Payment Issues, American Health Lawyers Association, Baltimore, MD (03.25.2010)
• Speaker, Why Your Organization Should Consider an External Review of Its Compliance Program, Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions, American Health Lawyers Association, Washington, DC (01.21.2010) (Also at Washington, D.C. Office)

 
Reported CasesRepresentative Matters: Litigation & Defense; In March 2015, won dismissal of a criminal patient abuse complaint brought by a state Medicaid Fraud Control Unit against a skilled nursing facility and national management company, involving the death of an elderly patient in State of New Mexico v. THI of New Mexico at Albuquerque Care Center, LLC and THI of Baltimore Management, LLC (Second Judicial District Court, County of Bernalillo, New Mexico (No. D-0202-CR-2010-03648 - 03649); Lead counsel representing defendant pharmacy in Thulin v. Shopko Stores Operating Co., LLC, 771 F.3d 994 (7th Cir. 2014), in which the Seventh Circuit Court of Appeals upheld the District Court's (W.D. Wis) dismissed with prejudice of a qui tam FCA case alleging Medicaid pharmacy billing fraud, for failure to state a claim or to properly plead an actionable offense. Prior to the formal litigation we were able to obtain the declination of the Department of Justice and all eight states in which the relator filed state FCA actions; Represented defendant medical device manufacturer in Arnold v. Alphatec Spine, Inc., 2014 U.S. Dist. LEXIS 87079; 2014 WL 2896838, in which the District Court (W.D. Ohio) dismissed with prejudice RICO (with underlying kickback allegations) and products liability allegations related to implantation of tissue-growth material as part of spinal device surgery; Counsel for cardiologists in qui tam False Claims Act (FCA) case alleging medical device company kickbacks; Counsel for a physician facing mandatory exclusion which led to the OIG withdrawing its action; Lead counsel in Colorado Heart Institute, LLC v. Leavitt, 609 F. Supp. 2d 30 (D.D.C. 2009), a suit challenging the CMS Stark Law regulations; Counsel to a hospital executive and his management company in United States v. Jones, 475 F.3d 701 (5th Cir. 2007), a criminal related party cost report fraud case reversing the district court's sentencing and restitution order based on a failure of the government's proof; Part of the criminal defense team in the trial of TAP managers in Boston, resulting in a Rule 29 judgment of acquittal for the firm's client; Lead amici counsel to the American Hospital Association, Federation of American Hospitals, Association of American Medical Colleges, American Osteopathic Association, and Missouri Hospital Association in United States v. McClatchey, (217 F.3d 823, 10th Circ. 2000) and United States v. Lahue, (261 F.3d 993, 10th Circ. 2001), cases that challenged the application of the so-called one purpose rule which holds that a provider can be found guilty under the anti-kickback statute if one purpose in paying remuneration is to induce referrals
 
ISLN908131943
 

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Developments in Judicial Deference of Administrative Agency Actions
Thomas S. Crane, May 6, 2015
In my post of April 2, Divided Supreme Court Restricts Provider Challenges to State Medicaid Rates, I wrote about the March 31st Supreme Court decision that providers may not sue in federal court over the adequacy of state Medicaid rates (See Armstrong v. Exceptional Child Ctr., Inc.(¿Exceptional...

A Brave New World of Transparency Reporting: CMS Launches Open Payments Website
Thomas S. Crane,Kimberly J. Gold, October 2, 2014
September 30th marked the launch of transparency reports under the Sunshine Act through a new Open Payments website hosted by the Centers for Medicare & Medicaid Services (CMS).


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