White Paper

5 Pages
  • 5 Pages

DOJ Settlement Highlights False Claims Act Risk for Skilled Nursing Facilities


$10 million settlement avoided a trial with false claims accusations.

The settlement in this case identifies the commitment of skilled nursing facilities to watch carefully that they are providing the appropriate level of therapy services to residents. This white paper discusses the Supreme Court case and reviews the False Claims Act and how to perform an internal review.



James P. Holloway

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

James P. Holloway is a shareholder in Baker Donelson's Washington, D.C. office. Mr. Holloway represents health care providers in complex civil litigation and government investigations.

Mr. Holloway advises and assists clients in matters involving the False Claims Act, including federal court and state court qui tam litigation. He has assisted health care providers in False Claims Act cases in trial courts and appellate courts throughout the United States. Furthermore, Mr. Holloway represents providers during the government investigation phase preceding the unsealing of qui tam suits, assisting clients in responding to government subpoenas and civil investigative demands. In several cases he has successfully secured the government's agreement not to intervene, and obtained the voluntary dismissal of qui tam lawsuits without any payments by the defendants. Mr. Holloway also represents providers in Medicare and Medicaid reimbursement litigation, involving both administrative proceedings and judicial review cases. His handling of Medicare and Medicaid reimbursement litigation provides invaluable experience when defending health care providers in False Claims Act cases involving the complexities of the Medicare and Medicaid programs. In addition, Mr. Holloway represents providers in federal and state government investigations regarding a wide variety of regulatory compliance issues. He also handles commercial litigation on behalf of health care providers, involving false advertising claims, unfair trade practices, trade secrets, wrongful discharge, contract claims and disputes with the National Resident Matching Program.

Over the past 30 years, Mr. Holloway has represented national health care trade associations, managed care organizations, assisted living facilities, nursing homes, pharmacies, physician groups, medical equipment suppliers, laboratories, hospitals and outpatient surgical centers.

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