Webcast: Hot Topics in Fraud and Abuse Enforcement Involving Health Care Providers

September 22, 2016

​Join Gibson Dunn for a ninety-minute discussion of hot topics—and key jurisprudential developments—in fraud and abuse enforcement actions against health care providers, including:

  • Trends in health care fraud and abuse enforcement actions and associated litigation involving health care providers;
  • U.S. regulators’ and whistleblowers’ aggressive pursuit of anti-kickback statute, billing, medical necessity, and quality of care cases;
  • The impact of the Supreme Court’s Escobar decision on FCA cases against health care providers;
  • Other key FCA jurisprudence that affects health care providers; and
  • Best practices for confronting fraud and abuse investigations, meeting the government’s expectations, and tackling associated FCA litigation.

View Slides [PDF]


Panelists:

Winston Chan — Winston Chan is a litigation partner in Gibson Dunn’s San Francisco office. He is a member of Gibson Dunn’s White Collar Defense and Investigations, False Claims Act, FDA and Health Care, Life Sciences, and FCPA Practice Groups. Mr. Chan has particular expertise leading matters for health care and life sciences clients involving government enforcement defense, internal investigations, compliance counseling, and civil trial litigation. Prior to joining Gibson Dunn, Mr. Chan served as an Assistant United States Attorney in the Eastern District of New York, where he served in a number of supervisory roles, including as Health Care Fraud Coordinator. In that capacity, he oversaw all qui tam and whistleblower investigations involving allegations of False Claims Act violations, kickbacks, misbranding and off-label promotion by pharmaceutical, biotechnology and medical diagnostic companies, among others.

John Partridge — John Partridge is a partner in Gibson Dunn’s Denver office, where he focuses on complex litigation, internal investigations, regulatory inquiries, and corporate compliance programs. Mr. Partridge has particular experience with the False Claims Act, and he has represented clients in criminal and civil enforcement actions relating to alleged health care fraud and abuse. He also regularly counsels major corporations regarding their compliance programs.

Jonathan Phillips — Jonathan Phillips is a senior associate in Gibson Dunn’s Washington, D.C. office, where he is a member of the Gibson Dunn’s Litigation Practice Group. His practice focuses on FDA and health care compliance, enforcement, and litigation, as well as other white collar enforcement matters and related litigation. Mr. Phillips has substantial experience representing pharmaceutical, medical device, and health care provider clients in government investigations and enforcement actions regarding a wide range of fraud and abuse issues, as well as other regulatory issues and complex litigation affecting health care and life science sectors. Prior to joining Gibson Dunn, Mr. Phillips served as a Trial Attorney in the Civil Division, Fraud Section of the U.S. Department of Justice, where he investigated and prosecuted allegations of fraud against the United States under the False Claims Act and related statutes. His work at DOJ included dozens of health care fraud cases involving allegations of Anti-Kickback Statute violations, off-label promotion, adulterated products, medically unnecessary services, and a variety of other types of alleged Medicare and Medicaid provider fraud.

Moderator:

Steve Payne — Stephen Payne is a partner in Gibson Dunn’s Washington, D.C. office. He is a former prosecutor, Chair of Gibson Dunn’s FDA and Healthcare Practice Group, and Co-Chair of the Life Sciences Practice Group. His practice focuses on FDA and health care compliance, enforcement, and litigation for pharmaceutical, medical device, and health care provider clients.  Mr. Payne has significant FDA and health care regulatory and compliance counseling experience in the areas of good manufacturing practice regulations, product recalls, product promotion, product diversion and counterfeiting, and fraud and abuse.


MCLE Credit Information:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hours, of which 1.5 credit hours may be applied toward the areas of professional practice requirement.  This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast.  Please contact Jeanine McKeown (National Training Administrator), at 213-229-7140 or jmckeown@gibsondunn.com  to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.5 hours.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast.  No certificate of attendance is required for California “self-study” credit.