White Collar Defense and Compliance

White Collar Defense and Compliance

“More than 100 years of combined experience in representing clients before federal and state enforcement agencies in criminal, civil and administrative investigations and prosecutions; quasi-criminal enforcement proceedings; and related complex civil litigation.”

Broad and Cassel’s White Collar Defense and Compliance group has more than 100 years of combined experience in representing clients before federal and state enforcement agencies in criminal, civil and administrative investigations and prosecutions; quasi-criminal enforcement proceedings; and related complex civil litigation.

Organizational compliance makes up a significant portion of the Firm’s Health Law and White Collar Defense and Compliance practices. Several Firm attorneys are certified in Healthcare Compliance (CHC) and Healthcare Privacy Compliance (CHPC) by HCCA’s Compliance Certification Board and are Certified Dispute Resolvers with the American Health Lawyers Association. The group has been directly involved in the leading and defining cases addressing the legality of hospital-physician arrangements.

Broad and Cassel also has a very deep False Claims Act experience with a team of attorneys who are devoted to False Claims Act defense. It is considered extremely rare for any firm to take such a case to trial, and even rarer to win on all counts, but in January 2015 a federal court in Florida ruled in favor of the Firm’s client, a physician radiology practice. Broad and Cassel’s experienced team of compliance, health law, litigation and appellate attorneys provided comprehensive end-to-end representation for the defendant.

A selection of recent experience includes:

  • Representation of a Florida health system in a highly complex matter tied to the Department of Justice Civil False Claims Act investigation involving hospital physician compensation arrangements and compliance with the Stark Law and/or Anti-Kickback Statute. Broad and Cassel served as lead counsel for the physician employees and represented the hospital and employed physicians in connection with a state investigation relating to compliance with the Florida Medical Practices Act.
  • Representation of a leading non-profit health system in self-disclosure to the Department of Justice and related Civil False Claims Act allegations involving oncology and chemotherapy services.
  • Representation of a leading non-profit health system in self-disclosure to the Department of Justice and related Civil False Claims Act allegations involving hospital-physician arrangements and compliance with the Stark Law and Anti-Kickback Statute.
  • Representation of a nationwide network of community-based hospice and palliative care services in a Department of Justice action related to eligibility for hospice services and Anti-Kickback arrangements.
  • Representation of a leading non-profit health system that identified three employees who had been excluded from participating in federal healthcare programs in violation of federal law. Consistent with its compliance program, the client chose to voluntarily disclose the information to the Office of Inspector General (OIG) of the Department of Health and Human Services. The Firm represented the provider and made the disclosures on behalf for all three instances.
  • Representation of a Florida health system providing hospice and palliative care services in a Department of Justice action related to eligibility for hospice services and compliance with the Stark Law and Anti-Kickback Statute.
  • Representation of a Florida health system in relation to a voluntary disclosure to the Centers for Medicare & Medicaid Services (CMS) pursuant to the self-referral disclosure protocol of an arrangement that was determined to be non-compliant with Stark Law.

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