Posted on October 25, 2015 in Biographies
Written by: David B. Honig
Hall, Render, Killian, Heath & Lyman, LLP
Six Tower Bridge
181 Washington Street, Suite 400
Conshohocken, PA 19428
Mr. Waters brings unique insight to a client’s FCA litigation decisions based on his background representing relators. He has represented whistleblowers in every stage of FCA litigation from the initial drafting of a complaint, to interaction with the government, and eventual settlement of a matter. He has represented clients in matters before federal courts in California, Florida, Illinois, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Texas, and before the First and Second Circuit Courts of Appeals. Mr. Waters has also assisted in matters before the New Hampshire Supreme Court, during his time in the New Hampshire Attorney General Office’s Criminal Justice Bureau. Illustrative representations include United States of America ex rel. et al. v. Omnicare Inc., Case No. 1:10-cv-00127, (N.D. Ohio) and United States ex rel. Streck v. Allergan, Inc., et al., Case No. 08-cv-5135 (E.D. Pa.).
Mr. Waters also provides regulatory and compliance advice to a broad range of health care clients with regard to various matters, including False Claims Act/qui tam cases, corporate compliance, fraud and abuse/Stark analysis, self-disclosure protocol submissions, and government audits relating to Medicare and Medicaid billing. He also counsels clients regarding the functions of their compliance programs, including coordinating internal investigations of compliance-related concerns, recommending corrective action, reviewing program effectiveness and providing compliance education and training to organization staff and representatives. Additionally, he provides general counsel services to health care systems.
- George Mason University, B.A., magna cum laude – 2009
- University of Pennsylvania Law School, J.D. – 2012
Admitted to Bar
- Pennsylvania – 2012
- New Jersey – 2012
- U.S. District Court, Eastern District of Pennsylvania – 2012
- American Health Lawyers Association
- Listed in Pennsylvania Rising Stars – 2016
Representative FCA cases
U.S. ex rel. Gale v. Omnicare, Inc. Represented the relator, who alleged a kickback scheme called “swapping,” asserting that Omnicare paid bribes to nursing home owners in the form of heavily-discounted prescription drugs for Medicare Part A patients, for whom a nursing home only receives a set per diem fee from the government, in return for the nursing homes allegedly being required to send their Medicare Part D and Medicaid business to Omnicare. This conduct allegedly violated the Anti-Kickback Statute and the False Claims Act because Omnicare gave the discounts intending that the nursing homes would refer, or “swap,” their non-Part A patients, most of whom participate in the Medicare Part D prescription-drug benefit program which fully reimburses the nursing home, to Omnicare. The case settled in October 2013 for approximately $120 million.
U.S. ex rel. Streck v. Allergan, Inc. Represented a relator in a case which revolved around allegations that several drug manufacturers underreported Average Manufacturer Prices (“AMP”) for a number of their drugs to the Medicaid Rebate Program by improperly reducing the reported AMPs for service fees they paid to wholesalers. As a result, the drug manufacturers allegedly underpaid quarterly rebates owed to the states and caused the United States to be overcharged for its payments to the states for the Medicaid program. Several of the manufacturers settled with the relator and government in 2015 for approximately $55.5 million.