Erica J. Kraus



Erica Kraus is an associate in the Corporate Practice Group in the firm's Washington D.C. office.

Areas of Practice

Ms. Kraus focuses her practice on representing healthcare entities in regulatory compliance matters. Ms. Kraus advises clients on compliance with federal and state fraud and abuse laws, assists clients in responding to government investigations, and represents clients in False Claims Act litigation. Ms. Kraus also assists clients with regulatory due diligence in transactional matters, and through advocacy with federal and state regulators, and leverages her background in health policy to help clients maximize opportunities in the changing health care landscape. Representative matters include:

•Drafting and submitting self-disclosures through CMS’ Self-Referral Disclosure Protocol
•Assisting in internal investigations of reported potential regulatory non-compliance
•Responding to government Civil Investigative Demands
•Representing defendants in False Claims Act litigation
•Advising clients on compliance with the Civil Monetary Penalties Law and Anti-Kickback Statute
•Preparing filings with the Provider Reimbursement Review Board
•Advising clients on the potential impact of MACRA implementation

Prior to joining Sheppard Mullin, Ms. Kraus was an associate in a law firm’s Health Care practice, representing healthcare entities in regulatory compliance, litigation, and arbitration matters. She also acted as Perspective Reports intern for the New England Journal of Medicine, where she reviewed and summarized health law and policy news, and worked as an intern for the U.S. Department of Health and Human Services, focusing particularly on employment law projects, including preparing for EEOC, MSPB, and federal district court litigation.


•Erica Kraus and Kristi Kung, New FDA Rules Are Boon to Medical Mobile App Developers, Law360 (Aug. 7, 2014)
•Erica J. Hemphill Kraus, A Shift on “Pay for Delay” - Reopening Doors for Pharmaceutical Competition?, New England Journal of Medicine (Nov. 1, 2012)

False Claims Act Defense Blog Posts

• The Government’s Take on Materiality After Escobar, September 15, 2016

Healthcare Law Blog Posts

• The Eliminating Kickbacks in Recovery Act: An Altered Landscape for Financial Relationships with Clinical Laboratories January 8, 2019
• CMS’ Medicare Advantage Overpayment Rule: Arbitrary, Capricious, and Vacated, September 7, 2018
• Star Ratings and Future Measurement Concepts in the CY 2019 Final Call Letter, April 11, 2018
• MACRA Quality Payment Program Final Rule: Implications for 2018 and Beyond, November 29, 2017
• MACRA Update: How to Prepare for Changes in MIPS, September 8, 2017
• More Telemedicine Food for Thought: Exception Five to the Haight Act’s In-Person Examination Requirement, July 13, 2017
• Giving Telemedicine More Room to Breathe: Recent and Pending State and Federal Actions in the World of Online Prescribing, July 10, 2017
• The MACRA Final Rule: The Art of the Transition, October 18, 2016
• The Overpayment Rule and the Implied False Claims Theory: What You Don’t Know Can Still Hurt You,' July 13, 2016
• Supreme Court Preserves But Significantly Changes 'Implied Certification' Theory of False Claims Act Liability, June 17, 2016

Speaking Engagements

•Guest Lecture, Anti-Kickback Statute, Washington College of Law Summer Institute, June 22, 2015
•Anti-Kickback Statute Boot Camp for Compliance Professionals, Health Care Compliance Association webinar, Nov. 19, 2014
•Stark Law Boot Camp for Compliance Professionals, Health Care Compliance Association webinar, Oct. 21, 2014

Areas of Practice (2)

  • Corporate
  • Healthcare

Education & Credentials

Contact Information:
202.747.2645  Phone
202.747.3822  Fax
University Attended:
Harvard Graduate School of Arts and Sciences, A.M., Health Policy, 2015; University of Virginia, B.A., highest distinction, 2006
Law School Attended:
Harvard Law School, J.D., magna cum laude, 2012
Year of First Admission:
2013, District of Columbia; Virginia
Birth Information:
January 3, 1965

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (5)

Documents by this lawyer on

Washington, District of Columbia

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