Category: Biographies
Katherine A. Kuchan, R.N., J.D.
Posted on October 28, 2015 in Biographies
Written by: David B. Honig
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
[05/12/2016]Individuals Beware: A Shift in Focus to Individual Accountability for Corporate Wrongdoing
[06/10/2015]DOJ Announces All False Claims Act Qui Tam Cases Will Be Reviewed by the DOJ’s Criminal Division
[10/01/2014]DOJ Enters into $98.15 Million Settlement Agreement with Large Operator of Acute Care Hospitals[08/12/2014]OIG Releases Its 2014 Compendium of Priority Recommendations
[05/19/2014]
[10/28/2013]D.C. Circuit Upholds Medicare Overpayment Extrapolation Determination
[08/01/2013]
OIG Announces Record Setting Financial Recoveries Related to FY 2012 Enforcement Activities
[11/30/2012]
First Kyphoplasty, Now DOJ Turns its Attention to Other “Minimally Invasive” Procedures
[04/14/2011]DOJ Conducting National Investigation of Outpatient Infusion and Blood Transfusion Billing Cases
[10/29/2009]
KEY FEDERAL HEALTH CARE ENFORCEMENT LAWS, TRENDS, AND INVESTIGATORY TECHNIQUES
[02/01/2009]
GOVERNMENT ENFORCEMENT/FCA TASK FORCE TEAM
Posted on October 25, 2015 in Biographies
Written by: David B. Honig
Chair
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.
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 Center, which 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.
J. Patrick Garcia
Posted on October 25, 2015 in Biographies
Written by: David B. Honig
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
Laetitia L. Cheltenham
Posted on October 25, 2015 in Biographies
Written by: David B. Honig
Hall, Render, Killian, Heath & Lyman, LLP
3015 Carrington Mill Boulevard, Suite 450
Perimeter Three
Morrisville, NC 27560
Phone: (919) 447-4968
Email: lcheltenham@hallrender.com
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BIOGRAPHY
Timothy B. Adelman
Posted on October 20, 2015 in Biographies
Written by: David B. Honig
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
Posted on October 19, 2015 in Biographies
Written by: David B. Honig
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
Posted on June 3, 2015 in Biographies
Written by: David B. Honig
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
Posted on June 3, 2015 in Biographies
Written by: David B. Honig
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.
David A. French
Posted on May 20, 2015 in Biographies
Written by: David B. Honig
Hall, Render, Killian, Heath & Lyman, PLLC
Columbia Center
Suite 1200
201 West Big Beaver Road
Troy, MI 48084
Phone: (248) 457-7813
Fax: (248) 740-7501
Email: dfrench@hallrender.com
vCard: Download vCard
Biography
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, where he prepared the brief, presented the oral argument and prevailed in a 9-0 decision. His representative cases involving the False Claims Act include United States ex rel. Swafford v. Borgess Medical Center, in which he obtained summary judgment and prevailed on appeal before the United States Court of Appeals for the Sixth Circuit. He has also obtained dismissal, with no payment by his firm’s clients, of other qui tam cases prior to reported decisions through successful negotiations with the United States Justice Department and United States Attorney’s Office. David is based out of Hall Render’s Troy, Michigan office.
Mr. French has been referenced as one of the top litigators in the State of Michigan by the Detroit Legal News, Oakland County Legal News and Washtenaw County Legal News. He is a member of the State Bar of Michigan, the Washtenaw County Bar Association and the American Health Lawyers Association. Mr. French has written numerous articles and has lectured at several programs that focus on the health care industry.
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.
Preparatory Education
- University of Michigan, B.A., with high distinction – 1977
Legal Education
- Wayne State University Law School, J.D. – 1980
Admitted to Bar
- Michigan – 1980
- United States Supreme Court
- United States Court of Appeals, Fifth and Sixth Circuits
- United States District Court, Eastern and Western Districts of Michigan
Memberships
- State Bar of Michigan
- Washtenaw County Bar Association
- American Health Lawyers Association
- Oakland County Bar Association
- Federal Bar Association, Eastern District of Michigan Chapter
Experience
- Private Practice – 1980-2010
- The Rutherford Institute – 1987-1989
Honors
- Referenced as one of the top litigators in the State of Michigan by the Detroit Legal News, Oakland County Legal News and Washtenaw County Legal News
Representative FCA cases
United States ex rel. Swafford v. Borgess Medical Center, et al., dismissed by the United States District Court for the Western District of Michigan, affirmed on appeal before the Sixth Circuit Court of Appeals, and certiorari denied by the U.S. Supreme Court. Rhe physician practice group was accused of violating the FCA by failure to properly document venous ultrasound studies. He represented the group at the trial level, on appeal, and in practice before the Supreme Court.
United States ex rel (Sealed) vs. (Sealed – a major US city), voluntarily dismissed prior to unsealing. Represented the City, and through negotiation and production was able to persuade the U.S. Government to decline intervention. The case was then voluntarily dismissed by the whistleblower.
United States ex rel (Sealed) vs. (Sealed – a Private Ambulance Company), voluntarily dismissed prior to unsealing. Was instrumental in the U.S. Government’s decision to decline intervention. The whistleblower then voluntarily dismissed the claim without any further action.
Articles
N. Kent Smith
Posted on May 20, 2015 in Biographies
Written by: David B. Honig
Hall, Render, Killian, Heath & Lyman, P.C.
500 N. Meridian Street
Suite 400
Indianapolis, IN 46204-1293
Phone: (317) 977-1419
Fax: (317) 633-4878
Email: ksmith@hallrender.com
vCard: Download vCard
Biography
Mr. Smith has represented healthcare clients in False Claims Act cases and other matters for more than three decades. His work involves representation of clients in various types of litigation including commercial transactions, medical staff issues and reimbursement. Mr. Smith represents a number of health care clients that include long-term care facilities, physician practices and hospitals and affiliated entities.
Preparatory Education
- Valparaiso University, B.S., with high distinction – 1978
Legal Education
- Indiana University Robert H. McKinney School of Law, J.D., cum laude – 1981
Admitted to Bar
- Indiana – 1981
- U.S. District Court, Northern & Southern Districts of Indiana – 1981
Memberships
- Indianapolis Bar Association
- Indiana Bar Association
- American Bar Association
- American Health Lawyers Association
- Defense Research Institute
- Defense Trial Counsel of Indiana
Experience
- Board of Directors, Hall, Render, Killian, Heath & Lyman – 1994-1996; 2005-present
- Chairman, Litigation Practice Group, Hall, Render, Killian, Heath & Lyman – 1994-present
Honors
- Listed in Indiana Super Lawyers
Representative FCA cases
United States ex rel. Cosens v. The Baylor University Medical Center, et al., dismissed by the United States District Court, Connecticut, after successful appeal to the Second Circuit Court of Appeals. Three hospitals in two states were represented in a nation-wide whistleblower case alleging improper use of cardiac devices.
United States ex rel. Gross v. AIDS Alliance, dismissed by the United States District Court, Northern District of Illinois, affirmed by the Seventh Circuit Court of Appeals. The institutional review board was represented before the trial court and the court of appeals, in a whistleblower case alleging mismanagement of federal research grants.
United States ex rel. Wilson v. Emergency Medical Associates of Illinois, Inc., dismissed by the United States District Court, Northern District of Illinois. The defendant faced a whistleblower case alleging Medicare fraud for physician billing in a teaching hospital.
United States ex rel. Herron v. Indianapolis Neurosurgical Group, et al., settled in the Southern District of Indiana. A physician practice and individual physicians were named in a whistleblower case alleging over-billing of evaluation and management codes.
Articles
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