Category: Biographies

Sevilla P. Rhoads

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Rhoads_SevillaP

Hall, Render, Killian, Heath & Lyman, P.C.

600 108th Avenue NE, Suite 320
Bellevue Corporate Plaza
Bellevue, WA 98004

Phone: (206) 795-6876
Email: pgarcia@hallrender.com
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Biography

Sevilla Rhoads has practiced labor and employment law for approximately 20 years. A former health care provider and health care business owner herself, Sevilla has a genuine appreciation for how a lawyer should support clients’ patient care priorities and business realities. Her behavioral health training and significant workplace conflict resolution experience helps clients positively navigate disputes with the least disruption to patient care. She is also experienced in finding practical compliance solutions tailored to her clients’ specific work environments. Compliance and prevention services offered by Sevilla include workplace investigations, training, contract and policy drafting.

When faced with litigation, clients benefit from Sevilla’s extensive trial and arbitration background. Understanding the importance of their relationships with other providers, patients and the community, she obtains dismissals and verdicts in her clients’ favor without compromising the clients’ organizational values around respect and collaboration.

In addition to her focus on health care, Sevilla has had the distinct honor of many years advising and representing Indian Tribes, including defending sovereignty rights and strategies for increased self-governance. She is a frequent presenter on the unique issues arising in human resources for Tribes.

Preparatory Education

  • Mount Holyoke College, B.A. – 1991, American School of Professional Psychology, M.A. – 2009

 Legal Education

  • University of California, Berkeley, School of Law, J.D. – 1995

 Admitted to Bar

  • Washington – 1995
  • Oregon – 2011
  • U.S. Court of Appeals for the Federal Circuit – 1999
  • U.S. Court of Appeals for the 9th Circuit – 1999
  • U.S. District Court, Western District of WA – 1995
  • U.S. District Court, Eastern District of WA – 2005

 Memberships

  • American Health Lawyers Association, 2015
  • Washington Contemplative Lawyers, Founding Member, 2011
  • Urban Indian Legal Clinic, Founding Committee Member and Volunteer Attorney, 2007-2008
  • Washington State Bar Association Collaborative Task Force, 2005
  • International Association of Collaborative Professionals, 2003-2008
  • Access to Justice Conference Planning Committee, 2001-2008
  • Washington State Bar Association Civil Rights Committee, 1998-2001; Chair, 1999-2000
  • Washington State Bar Association Diversity Committee, Co-Chair, 1997-1998
  • Washington LEGALS, Co-Chair, 1996-1998
  • Washington Women Lawyers, King County Chapter, Vice President at Large, 1996-2000


Katherine A. Kuchan, R.N., J.D.

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kuchan_katherinea

Katherine A. Kuchan, R.N.

Hall, Render, Killian, Heath & Lyman, P.C.
111 East Kilbourn Avenue
Suite 1300
Milwaukee, WI 53202

Phone: (414) 721-0479
Fax: (414) 721-0491
Email: kkuchan@hallrender.com
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Biography

Katherine Kuchan, a nurse and Shareholder in the firm, provides legal counsel to hospital systems, individual hospitals, inpatient rehabilitation facilities, physician groups, skilled nursing facilities, laboratories and other licensed healthcare providers across the country regarding regulatory and compliance matters. She advises clients on federal False Claims Act lawsuits and investigations; internal and government investigations; fraud and abuse matters, including voluntary self-disclosures to appropriate government agencies; EMTALA; CLIA; and special regulatory problems involving survey and licensure.  Ms. Kuchan counsels clients on the design, implementation and assessment of their compliance programs.  She also assists clients with compliance and reporting under Corporate Integrity Agreements.  Ms. Kuchan’s experience as a Registered Nurse offers her clients the advantage and value of working with legal counsel who has practical, clinical knowledge and real life experience from working in the health care industry.

Preparatory Education

  • University of Wisconsin – Madison, M.S.
  • Marquette University, B.S.

Legal Education

  • Marquette University Law School , J.D., magna cum laude

Admitted to Bar

  • Wisconsin

Memberships

  • State Bar of Wisconsin
  • American Health Lawyers Association
  • Health Care Compliance Association
  • American Society for Healthcare Risk Management
  • Wisconsin Society for Healthcare Risk Management

Experience

  • RN Licensure in Wisconsin

Presentations

  • Alaska State Hospital and Nursing Home Association Seminar, Preparing for the Impact of the Alaska False Claims Act (September 2016)
  • Compliance Essentials in a High-Stakes Enforcement Era, The Federal Government’s Top 10 Enforcement Hit List (October 2015)
  • HCCA North Central Regional Annual Conference, Compliance and Cloning: The Perils of Copy-and-Paste in EHRs (October 2014)
  • TAANA 30th Annual Meeting & Educational Conference, False Claims Act Enforcement in Health Care: Recent Developments & Compliance Strategies (November 2011)
  • Catholic Health Association Compliance Conference, Healthcare Reform: What Every Compliance Officer Needs to Know (October 2010)
  • TAANA 28th Annual Meeting & Educational Conference, Navigating a Government Health Care Fraud Investigation (October 2009)

Representative Cases

Katherine represented thirty-two hospitals in a large hospital system and numerous other individual hospitals in resolving a False Claims Act lawsuit brought by two whistleblowers involving allegations that implantable cardiac defibrillators (ICDs) were implanted in Medicare beneficiaries in violation of Medicare’s National Coverage Determination 20.4 (NCD).

Katherine represented nine hospitals in a large hospital system and numerous other individual hospitals in resolving a False Claims Act lawsuit involving allegations that hospitals performed Kyphoplasty procedures on an inpatient basis when these minimally invasive procedures could have been performed on an outpatient basis.

Katherine represented a hospital in Michigan in resolving a False Claims Act lawsuit brought by a whistleblower cardiologist involving allegations that another cardiologist performed unnecessary cardiac procedures on Medicare beneficiaries.

Katherine represented two hospitals in Arizona connection with a False Claims Act lawsuit brought by a hospital corporate responsibility auditor in resolving a False Claims Act lawsuit involving allegations that Medicare beneficiaries did not meet medical necessity criteria for inpatient rehabilitation services.

Katherine represented a health system in Michigan in connection with a False Claims Act lawsuit brought by an external auditor in resolving a False Claims Act lawsuit involving allegations of upcoding evaluation and management (E/M) services provided to cardiology patients.

United States ex. rel. Hilde-Philips v. St. Luke’s Hospital of Duluth and Dr. David Moyer, Katherine represented a hospital in Minnesota in connection with a False Claims Act lawsuit brought by whistleblower physician involving allegations that another physician upcoded evaluation and management (E/M) services provided to Medicare beneficiaries.

Katherine represented a hospital and ambulance company in Florida in responding to a Civil Investigative Demand involving medical necessity of ambulance transports, and following document production and negotiation, was able to persuade the U.S. Government to close the case without any further action.

Articles

Greater False Claims Act Penalties Looming

[05/12/2016]Individuals Beware: A Shift in Focus to Individual Accountability for Corporate Wrongdoing

[09/25/2015]Doctors Beware: OIG Issues New Fraud Alert Addressing Physician Liability for Inappropriate Compensation Arrangements

[06/10/2015]DOJ Announces All False Claims Act Qui Tam Cases Will Be Reviewed by the DOJ’s Criminal Division


GOVERNMENT ENFORCEMENT/FCA TASK FORCE TEAM

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Co-Chairs

David Honig

David has been handling False Claims Act cases for two decades, and has been lead trial counsel in healthcare FCA cases more than a dozen times across the country, from Arizona to Connecticut. He has represented FCA clients before Federal Courts of Appeal and on petition to the U.S. Supreme Court. David works out of Hall Render’s Indianapolis, Indiana office.

David is admitted to practice in Florida, Indiana, and Illinois. He is admitted to the Northern and Southern Federal District Courts in Indiana, Illinois’ Northern, Central, and Southern District Court, Florida’s Northern and Southern District Courts, and the Washington D.C. District Court. He is also admitted before the Second, Seventh, Eleventh and D.C. Circuit Courts of Appeal and the U.S. Supreme Court.


Amy O. Garrigues

Amy is the Managing Partner of Hall Render’s Raleigh, North Carolina office. Amy is an experienced False Claims Act litigator and has represented healthcare providers academic medical centers, and health systems across the country.

Prior to the practice of law Amy was a health care strategy consultant with a global consulting firm. Amy is admitted to practice in North Carolina, the U.S. District Court for the Eastern District of North Carolina, and the U.S. Court of Appeals Fourth Circuit Court.

Members


Timothy B. Adelman

Tim is experienced in representing clients and responding to both civil and criminal False Claims Act investigations, as well as in conducting internal investigations in response to potential FCA litigation. He is based out of Hall Render’s Annapolis, Maryland office.

Tim is a Board Member of the American Health Lawyers Association Medical Staff Credentialing and Peer Review Practice Group. In addition to his law degree, Tim earned his M.B.A. from the University of Maryland’s Robert H. Smith School of Business. He is admitted to practice in Maryland and the District of Columbia.


Bruce Bagdady

Bruce leads Hall Render’s Labor & Employment Practice Group. His False Claims Act work focuses on defending against whistle-blower retaliation claims and assisting healthcare providers with indications of a possible whistle-blower. He is based out of Hall Render’s Troy, Michigan office.

Bruce has been selected by his peers as a Michigan Super Lawyer for three years running. He is admitted to practice in Michigan, as well as the Eastern Michigan and Western Michigan U.S. District Courts and the Sixth Circuit Court of Appeals.


Ritu Kaur Cooper

Ritu is an experienced False Claims Act litigator. She has represented health care providers in cases brought both by whistle-blowers and the government. She also writes and speaks widely about the False Claims Act and responding to government investigations. Ritu is based out of Hall Render’s Washington D.C. office.

Ritu is admitted to practice in New Jersey, Pennsylvania, the District of Columbia, and Missouri, as well as the U.S. District Court for the District of New Jersey and the Supreme Court of the United States.


Timothy W. Feeley

Tim is an experienced trial and appellate lawyer who has appeared in state and federal trial courts and courts of appeal. His False Claims Act work focuses on post-filing litigation of government and whistle-blower claims. Tim is based out of Hall Render’s Milwaukee, Wisconsin office.

Tim is admitted to practice in Wisconsin, Wyoming, Minnesota, and Michigan, in all of Wisconsin’s and Wyoming’s U.S. District Courts, and before the Seventh and Tenth Circuit Courts of Appeals.


David A. French

David has been doing commercial and healthcare litigation for more than 25 years, from state trial courts all the way to the United States Supreme Court. His representative cases include United States ex rel. Swafford v. Borgess Medical Centerwhich David successfully got dismissed and defended through a petition to the Supreme Court. He is based out of Hall Render’s Troy, Michigan office.

David is admitted to practice in Michigan, as well as before the Eastern and Western U.S. District Courts in Michigan, both the Fifth and Sixth Circuit U.S. Courts of Appeals, and the U.S. Supreme Court.


J. Patrick Garcia

Patrick’s False Claims Act work focuses on cases based on Stark and Anti-Kickback allegations. He previously served as Senior Counsel in the Office of Counsel to the Inspector General, U.S. Department of Health and Human Services, where he worked on a wide variety of FCA cases with DOJ attorneys across the country. Patrick has an insider’s knowledge of the government’s point of view. He works out of Hall Render’s Annapolis, Maryland office.

Patrick is admitted to practice in Missouri and Maryland.


Andrew B. Howk

Drew Howk is  an adjunct professor at Richard M. Fairbanks School of Public Health at Indiana University – Purdue University Indianapolis and a cum laude from Saint Louis University School of Law with a Certificate in Health Law. He is an experienced False Claims Act litigator with particular expertise in electronic records and discovery. He works out of Hall Render’s Indianapolis, Indiana office.

Drew is admitted to practice in Indiana, as well as Indiana’s Northern and Southern U.S. District Courts and New Mexico’s U.S. District Court.


Katherine A. Kuchan, R.N., J.D.

Katherine has extensive experience representing healthcare providers across the country in response to civil investigations under the federal False Claims Act.  As a Registered Nurse, Katherine’s clinical experience provides a significant advantage when defending providers at all stages of a government investigation, particularly those matters involving medical necessity.  She practices out of Hall Render’s Milwaukee, Wisconsin office.

Katherine is licensed to practice in Wisconsin.  She is also admitted to practice in the U.S. District Court, Eastern District of Wisconsin.


Jonathan A. Rabin

Jon is an experienced employment litigator who regularly represents clients in state, federal, and administrative proceedings. His False Claims Act work focuses on defending healthcare employers against whistle-blower retaliation cases. He works out of  Hall Render’s Troy, Michigan office.

Jon is licensed to practice in Michigan. He is also admitted before the Eastern and Western Michigan U.S. District Courts, the Sixth Circuit Court of Appeals, and the U.S. Supreme Court.


N. Kent Smith

Kent has been representing healthcare providers in False Claims Act cases and other matters for more than three decades. He has represented FCA clients in federal trial courts and courts of appeal. Kent works out of Hall Render’s Indianapolis, Indiana office.

Kent is licensed to practice in Indiana. He is also admitted before the Northern and Southern U.S. District Courts of Indiana, the Washington D.C. District Court, Illinois’ Northern District Court, New York’s Southern and Western District Courts, Ohio’s Southern District Court, and Tennessee’s Middle District Court.


Bradley M. Taormina

Bradley practices in Hall Render’s Labor & Employment Practice Group, working primarily with Bruce Bagdady and Jon Rabin. He focuses his False Claims Act work on defending against employment retaliation claims brought by whistle-blowers. He practices out of our Troy, Michigan office.

Bradley is licensed to practice in Michigan. He is also admitted to the Eastern Michigan U.S. District Court and the Sixth Circuit Court of Appeals


Benjamin A. Waters

Ben 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 works out of Hall Render’s Philadelphia, Pennsylvania office.

Ben is licensed to practice in Pennsylvania and New Jersey and is admitted before the U.S. District Court, Eastern District of Pennsylvania.


Jon S. Zucker

Jon represents health systems, hospitals, academic medical centers, pharmaceutical companies, long-term care providers, pharmacies, and insurers in compliance and regulatory matters, as well as False Claims Act litigation. He assists his clients with internal reviews, investigations, and potential self-disclosures, including situations requiring the use of utilizing statistical sampling.  He also assists in responding to inquiries from government agencies, ranging from informal requests to civil investigative demands and subpoenas.  He practices out of Hall Render’s Raleigh, North Carolina office.

Jon is licensed to practice in New York, Massachusetts, and North Carolina.


J. Patrick Garcia

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Hall, Render, Killian, Heath & Lyman, P.C.

180 Admiral Cochrane Drive
Suite 370
Annapolis, MD 21404

Phone: (443) 951-7043
Email: pgarcia@hallrender.com
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Biography

Patrick Garcia regularly advises clients on regulatory and compliance issues with a particular focus on fraud and abuse laws, including Anti-Kickback, Stark, and False Claims Act lawsuits and investigations.  Prior to entering private practice, Patrick served as Senior Counsel in the Office of Counsel to the Inspector General, U.S. Department of Health and Human Services (OIG). In that role, he represented OIG in a wide range of civil and administrative health care fraud enforcement matters, including: False Claims Act and Civil Monetary Penalties Law investigations and settlements; exclusions from participation in federal health care programs; drafting, negotiating and monitoring Corporate Integrity Agreements; resolving self-disclosures related to false claims, kickbacks, and employment of excluded individuals; and EMTALA violations.

Preparatory Education

  • Saint Louis University, B.A., magna cum laude – 2006
  • Saint Louis University College for Public Health & Social Justice, M.H.A. – 2010

 Legal Education

  • Saint Louis University School of Law, J.D., Certificate in Health Law Studies – 2010

 Admitted to Bar

  • Missouri – 2010
  • Maryland – 2016

 Memberships

  • American Health Lawyers Association
  • Health Care Compliance Association


Benjamin A. Waters

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Hall, Render, Killian, Heath & Lyman, LLP

Six Tower Bridge
181 Washington Street, Suite 400
Conshohocken, PA 19428

Phone: (484) 532-5672
Fax: (484) 532-5669
Email: bwaters@hallrender.com
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Biography

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.

Preparatory Education

  • George Mason University, B.A., magna cum laude – 2009

Legal Education

  • 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

Memberships

  • American Health Lawyers Association

Honors

  • 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.


Timothy B. Adelman

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Hall, Render, Killian, Heath & Lyman, P.C.

180 Admiral Cochrane Drive
Suite 370
Annapolis, MD 21404

Phone: (443) 951-7044
Email: tadelman@hallrender.com
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Biography

Tim Adelman’s practice focus on regulatory compliance.  His broad based knowledge of health system operations allow him to navigate through the day-to-day operational as they intersect with regulatory compliance.  Mr. Adelman routinely conducts internal investigations and represents clients in government investigations.

Preparatory Education

  • Franklin & Marshall College, B.A., with honors – 1999
  • University of Maryland Robert H. Smith School of Business, M.B.A. – 2002

 Legal Education

  • University of Maryland Francis King Carey School of Law, J.D., with honors – 2002

 Admitted to Bar

  • Maryland – 2003
  • District of Columbia – 2006

 Memberships

  • American Health Lawyers Association Medical Staff Credentialing and Peer Review Practice Group – Vice-Chair, 2007-2010; Chair, 2010-2013; Board of Directors, Member, 2013-Present
  • National Association of Medical Staff Services: Member, 2010-Present; Annual Program Committee, Member, 2013
  • Maryland State Bar Association, 2003-Present
  • American Bar Association, 2003-Present
  • Montgomery County Bar Association, 2003-Present
  • Anne Arundel County Bar Association, 2005-Present

Representative FCA cases

United States ex rel. (Sealed) v. (Sealed). Represented a provider in a three year criminal investigation, alleging medical unnecessary procedures by a interventional radiologist.  After numerous presentations to the prosecutors, including presentation of expert witnesses, the Government declined to indict and close the case.

United States ex rel. (Sealed) v. (Sealed). Represented a large health system in response to a civil investigative demand arising out of a whistleblower complaint that sleep centers were using unlicensed technicians.  After provided detailed legal analysis to Government regarding the licensing requirements for independent diagnostic facilities versus hospital based facilities, the Government closed the matter.


Ritu Kaur Cooper

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Hall, Render, Killian, Heath & Lyman, P.C.
1425 K Street, NW
Suite 650
Washington, D.C. 20005

Phone: (202) 370-9584
Fax: (202) 370-9589
Email: rcooper@hallrender.com
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Biography

Ritu Kaur Cooper is a shareholder in Hall Render’s health counsel section. Her practice consists of representing health care providers such as hospitals, health systems, laboratories, and medical device companies  in False Claims Act litigation, regulatory and compliance matters with a particular focus on fraud and abuse and compliance as well as internal and government investigations. Ritu also serves as General Counsel for Capital Clinical Integrated Network, a care coordination entity providing the D.C. Medicaid population with care coordination services.

Preparatory Education

  • The George Washington University, B.A., with honors – 2000

Legal Education

  • Syracuse University, J.D., cum laude – 2003
  • Saint Louis University, LL.M. in Health Law – 2005

Admitted to Bar

  • New Jersey – 2003
  • Pennsylvania – 2003
  • District of Columbia – 2004
  • Missouri – 2005
  • U.S. District Court for the District of New Jersey – 2003
  • Supreme Court of the United States – 2010

Memberships

  • American Health Lawyers Association – Vice-Chair of Research and Website for the Hospitals and Health Systems Practice Group
  • National Bar Association
  • Washington Bar Association
  • South Asian Bar Association of Washington, DC – President-Elect
  • Sikh American Legal Defense and Education Fund
  • Alpha Kappa Alpha Sorority, Inc.

Representative FCA cases

United States ex rel. Clausen v. Laboratory Corporation of America, Represented Laboratory Corporation of America, Inc., a nationwide provider of health care diagnostic testing services in a qui tam action alleging that the laboratory billed the state Medicaid programs in violation of the state Medicaid regulatory rules and violated the Anti-Kickback Statute through its discounting practices.

United States ex rel. Fry v. Health Alliance of Greater Cincinnati. Represented The Christ Hospital, one of several defendants, in a False Claims Act case brought by the Department of Justice, in which the government alleged that the manner the hospital staffed its reading panel for noninterventional cardiology tests was in violation of the Anti-Kickback Statute. The case settled in May 2010.

United States ex rel. Kite v. Raritan Bay Medical Center. Represented Raritan Bay Medical Center in a qui tam lawsuit that alleged the hospital defrauded Medicare by inflating its reimbursement claims to obtain “outlier payments.”

United States ex rel. Kite v. Robert Wood Johnson University Hospital Hamilton. Represented in a qui tam lawsuit that alleged the hospital defrauded Medicare by inflating its reimbursement claims to obtain “outlier payments.”

United States ex rel. Reilly v. North Broward Hospital District. Represented Broward Health in a qui tam action where a community orthopedic surgeon alleged that the hospital paid in excess of fair market value to employed physicians in part, for their referrals to Broward Health hospitals and clinics.  This case settled in September 2015.

United States v. Spectrum Comprehensive Care, Inc. (SCCI).  Represented SCCI, a long term care hospital system in two False Claims Act cases; one brought by the Department of Justice and the other brought by five qui tam relators regarding independent contractor physician financial relationships and billing procedures.  Both cases settled in Spring 2007.

Publications

Health Care Fraud and Abuse Laws, The Health Care Compliance Professional’s Manual, March 2016.

False Claims Act and Qui Tam Suits, The Health Care Compliance Professional’s Manual, March 2016.

Fraud & Abuse Update, South Asian Bar Association, Washington, D.C. Health Law Section Dinner Series, Washington, D.C. (November 2, 2015).

Intermountain Healthcare Settlement of $25.5 Million Stems from “Technical” Stark Law Violations, April 2013.

Intro to Fraud & Abuse, St. Louis University School of Law, St. Louis, Missouri (March 22, 2012).

False Claims Act and Qui Tam Suits, Health Care Compliance Professional’s Manual, June 2010.

Health Care Fraud and Abuse Laws, Health Care Compliance Professional’s Manual, June 2010.


Timothy W. Feeley

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Hall, Render, Killian, Heath & Lyman, P.C.

111 East Kilbourn Avenue
Suite 1300
Milwaukee, WI 53202

Phone: (414) 721-0461
Fax: (414) 721-0491
Email: tfeeley@hallrender.com
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Biography

Mr. Feeley’s trial experience includes all phases of civil, health care, labor and employment, business and commercial litigation. He has appeared in various state courts, federal courts, and before administrative hearing examiners in Wisconsin and in other states. Appellate litigation experience involves appeals from state and federal trial courts to the Wisconsin Court of Appeals and the Wisconsin Supreme Court, and to the United States Court of Appeals, 7th Circuit. In addition, he served as a judicial law clerk for the Wisconsin Court of Appeals. He has co-authored chapters on Scope of Discovery and Judicial Supervision and Enforcement in Wisconsin Discovery Law and Practice, a publication of the State Bar of Wisconsin.

Mr. Feeley’s representation of health care clients includes hospitals, physician groups, nursing homes and other licensed health care professionals with regard to health care regulatory issues, ERISA, labor and employment matters, management and collection of patient accounts, medical staff issues, and issues relating to employee post-termination restrictive covenants. With respect to hospital/medical staff relations and related litigation, he provides comprehensive legal counsel to clients on a wide range of medical staff issues including peer review, medical staff bylaws, and medical staff due process hearings. He has represented health care clients, both public and private, throughout Wisconsin and in other states. Mr. Feeley also regularly advises clients on ways to reduce potential litigation.

Preparatory Education

  • Marquette University, B.A., cum laude – 1989

Legal Education

  • Marquette University, J.D., cum laude – 1992

Admitted to Bar

  • Wisconsin – 1992
  • U.S. District Court, Eastern District of Wisconsin – 1992
  • U.S. District Court, Western District of Wisconsin – 1994
  • U.S. Court of Appeals, 7th Circuit – 1994
  • Wyoming – 2008
  • U.S. District Court – Wyoming – 2008
  • U.S. Court of Appeals, 10th Circuit – 2008
  • Minnesota – 2009
  • Michigan – 2011

Memberships

  • American Bar Association
  • State Bar of Wisconsin
  • State Bar of Wyoming
  • State Bar of Minnesota

Representative FCA Cases

United States ex rel. Huey v. Summit Healthcare Association, settled in the Arizona District Court. Represented the hospital in a whistleblower case alleging improper Medicare billing of observation patient visits.


Bradley M. Taormina

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Hall, Render, Killian, Heath & Lyman, PLLC

Columbia Center
Suite 1200
201 West Big Beaver Road
Troy, MI 48084

Phone: (248) 457-7895
Fax: (248) 740-7501
Email: btaormina@hallrender.com
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Biography

Brad Taormina is a health lawyer who focuses his practice in the areas of labor and employment law and commercial litigation. Brad represents employers in a variety of employment litigation matters in both state and federal courts and numerous administrative tribunals, including claims alleging discrimination, retaliation, harassment, hostile work environment, breach of non-competition and other employment agreements, and alleged violations of state and federal employment statutes. He also represents employers in traditional labor law matters, including collective bargaining, election matters, grievance processing, arbitration and unfair labor practices. Brad represents companies in complex litigation matters including prosecuting and defending cases involving commercial and contractual transactions.

Preparatory Education

  • Wayne State University, B.A., summa cum laude – 2008

Legal Education

  • Wayne State University Law School, J.D., magna cum laude – 2012

Admitted to Bar

  • U.S. Court of Appeals, Sixth Circuit – 2014
  • U.S. District Court, Eastern District of Michigan – 2013
  • Michigan – 2012

Memberships

  • State Bar of Michigan
  • American Health Lawyers Association

Representative FCA cases

United States ex rel. Christian Kreipke et al v. Wayne State University and Wayne State University Physician Group, dismissed by the U.S. District Court for the Eastern District of Michigan.  The physician group faced an action pursued by the relator alleging that the organization presented false claims, and participated in a conspiracy with the University, to defraud the government in connection with Medicare charges and federal grants.


Jon S. Zucker

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Hall, Render, Killian, Heath & Lyman, LLP
Perimeter Three

Suite 450
3015 Carrington Mill Boulevard
Morrisville, NC 27560

Phone: (919) 447-4964
Email: jzucker@hallrender.com
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Biography

Jon Zucker is an associate in the firm’s Raleigh office where he is a member of the Health Counsel practice group. He provides regulatory, compliance and transactional advice to a broad range of health care clients, including health systems, hospitals, academic medical centers, pharmaceutical companies and long-term care providers. He has assisted these clients with various matters, including False Claims Act/qui tam cases, corporate compliance, Fraud and Abuse/Stark analysis, self-disclosure protocol submissions, hospital affiliations, government audits relating to Medicare and Medicaid billing and compliance with regulatory requirements regarding licensure and data privacy and security laws.

Prior to joining the firm, Jon practiced as an associate in North Carolina and New York. During law school, he worked at the Public Defender Service for the District of Columbia in the mental health division. He also served as a Board Member and the Bluebook Editor for the University of Pennsylvania Law Review and co-president of the Entertainment and Sports Law Society.

Preparatory Education

  • Brown University, B.S., magna cum laude – 2009
  • University of Pennsylvania, M.A. – 2012

Legal Education

  • University of Pennsylvania Law School, J.D., James Wilson Scholar – 2012

 Admitted to Bar

  • Massachusetts – 2013
  • New York – 2013
  • North Carolina – 2015

Memberships

  • American Health Lawyers Association

Representative FCA cases

United States, ex rel. John D’Alessio, M.D. et al. v. Vanderbilt University. Represent an academic medical center in ongoing FCA litigation in the Middle District of Tennessee involving allegations of lack of teaching physician presence in connection with overlapping surgeries, medical direction of anesthesia services, and procedures performed in an Intensive Care Unit setting; lawsuit was unsealed in September 2013 after government decided not to intervene.

United States, State of Florida, ex rel. Mariela Barnes, v. Dr. David Spellberg, 21st Century Oncology and Naples Urology Associates. Represented international radiation therapy company in connection with resolution of FCA lawsuit involving allegations of lack of medical necessity involving Fluorescence in Situ (FISH) tests and related inquiry into Stark compensation practices, and related entry into Corporate Integrity Agreement.

Represented a major New York hospital system in responding to subpoenas issued by the Department of Justice regarding False Claims Act allegations of health care fraud related to upcoding.

Represented a health insurance company in responding to Civil Investigative Demand issued by the Department of Justice regarding False Claims Act allegations related to enrollment issues and settlement of such claims

Represented a managed care organization responding to Department of Justice investigation regarding False Claims Act allegations related to termination of beneficiaries, and settlement of such claims.

Represented a nationwide pharmacy responding to subpoenas issued by the New York State Medicaid Fraud Control Unit regarding allegations of health care fraud related to medical necessity.

Publications

  • OIG’s Alert Has Broad Implications With A Hint Of Warning, Law 360, April 2013.