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Fundamentals of Health Care Law

 

The health care industry is extremely complex; learn how to navigate health care law and HIPAA Privacy and Security.

Health care organizations continue to face a significant number of federal government enforcement actions premised on allegations that claims submitted to government health care programs were not medically necessary, not documented appropriately, or failed to meet complicated coding and billing rules and regulations, among a litany of other theories that can give rise to liability under the federal False Claims Act (FCA). Listen along as Stuart Gerson and Daniel Fundakowski discuss recent trends in federal FCA enforcement, highlight the key FCA case law and regulatory developments from 2020, describe strategies to identify compliance and mitigate enforcement risk, and explain what regulated entities should expect and be wary of in 2021 and beyond.

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Fundamentals of Health Care Law

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Fundamentals of Health Care Law

Faculty

Stuart M. Gerson

Stuart M. Gerson

Epstein Becker & Green, P.C.

Stuart Gerson

  • A member of Epstein Becker Green in its Washington and New York offices
  • Has been involved in the litigation of federal False Claims Act (“FCA”) cases for more than 40 years
  • During the administration of President George H. W. Bush, Mr. Gerson was Assistant Attorney General in charge of the Civil Division of the Department of Justice, where he led the government's FCA enforcement efforts, and he was directly involved in the litigation and negotiated settlements of many of its leading cases
  • Later served as Acting Attorney General of the United States during the early Clinton administration
  • Having successfully tried both civil and criminal FCA cases, much of Mr. Gerson's current practice has been centered on providing representation in that area to clients in the health care industry (including insurers, hospitals, pharmaceutical manufacturers, managed care providers, and private equity funds, among others
  • Also has extensive experience litigating cases involving the cybersecurity of health care and other information, trade secrets, and various antitrust and securities matters for clients in the health care and financial sectors
  • Frequently leads internal corporations on behalf of management and directors
  • Can be reached at (202) 861-4180 or [email protected]
Daniel Fundakowski

Daniel Fundakowski

Epstein Becker & Green, P.C.

  • Senior counsel with Epstein Becker Green in its Washington, D.C. office
  • Practice focuses on representing health care clients in civil and criminal litigation matters, including matters arising under the False Claims Act (FCA)
  • Has experience litigating FCA cases that are predicated on allegations of upcoding, medical necessity, off-label promotion, research cost mischarging, and improper reporting of usual and customary prices, among other theories giving rise to FCA liability
  • Also frequently designs and implements compliance programs, conducts internal investigations, and advises health care clients on how to prepare for and respond to inquiries and audits conducted by the federal government, state attorneys general, and government contractors
  • Regularly writes and speaks on health care enforcement trends and developments
  • Can be reached at (202) 861-1826 or [email protected]
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Fundamentals of Health Care Law

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