David Honig

Posted on May 20, 2015 in Biographies

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Written by: David B. Honig

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

Office locations:
500 N. Meridian Street
Suite 400
Indianapolis, IN 46204-1293
Phone: (317) 977-1447
Fax: (317) 633-4878

1425 K Street, NW
Suite 650
Washington, D.C. 20005
Phone: (202) 780-2098
Fax: (202) 370-9589

Email: dhonig@hallrender.com

vCard: Download vCard

Biography

Mr. Honig’s trial experience includes all phases of civil, criminal, health care and commercial litigation. He has appeared before administrative hearing examiners, state courts and federal courts around the nation. Trial experience includes matters before state courts in Florida, Indiana and Illinois, as well as federal courts in Indiana, Illinois, Tennessee, Alabama, Connecticut and elsewhere. Mr. Honig has represented clients in federal matters before the Second Circuit Court of Appeals, the Seventh Circuit Court of Appeals, the Eleventh Circuit Court of Appeals and the United States Supreme Court, as well as the Indiana Court of Appeals and Supreme Court, and the Florida appellate court and Supreme Court. His representation of health care clients includes hospital systems, individual hospitals, charitable organizations, physician groups, individual physician practices, nursing homes and other licensed health care providers. He provides comprehensive litigation counsel, including multi-district litigation, litigation avoidance, peer review, administrative proceedings, discovery, trial  and appeal.

Preparatory Education

  • Washington University, St. Louis, B.A. – 1984

Legal Education

  • University of Florida College of Law, J.D., with honors – 1987

Admitted to Bar

  • Florida – 1987
  • Illinois – 1992
  • Indiana – 2000
  • Washington D.C. – 2017
  • U.S. District Court, Northern District of Illinois – 1994
  • U.S. District Court, Northern District of Indiana – 2001
  • U.S. District Court, Southern District of Indiana – 2001
  • U.S. District Court, Western District of Michigan – 2001
  • U.S. District Court, Eastern District of Michigan – 2018
  • U.S. District Court, Central District of Illinois – 2002
  • U.S. Supreme Court – 2004
  • U.S. District Court, Southern District of Illinois – 2004
  • U.S. District Court, Southern District of Florida – 2014
  • U.S. District Court, Northern District of Florida – 2014
  • U.S. District Court, Washington D.C. – 2016
  • Seventh Circuit Court of Appeals – 2004
  • Eleventh Circuit Court of Appeals – 2004
  • Second Circuit Court of Appeals – 2006
  • Washington D.C. Circuit Court of Appeals – 2016
  • U.S. District Court, Northern District of Illinois Trial Bar – 2017

Memberships

  • Florida State Bar Association
  • Illinois State Bar Association
  • Indiana State Bar Association
  • Washington D.C. Bar Association
  • American Health Lawyers Association
  • National Association of Criminal Defense Lawyers

Experience

  • Senior Attorney, Office of the Florida Attorney General – 1996-2000
  • Chief, Major Case Unit, Medicaid Fraud Control Unit – 1997-2000
  • Division Chief, Office of Janet Reno, State Attorney for the Eleventh Judicial Circuit, Dade County, Florida – 1987-1993

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. Walters v. Daughters of Charity, dismissed by the United States District Court, Southern District of Alabama, affirmed by the Eleventh Circuit Court of Appeals, certiorari denied by the United States Supreme Court. Represented the hospital before the trial court, as well as the Court of Appeals and the United States Supreme Court. The case was brought by a whistleblower, alleging improper use of insulin for Medicare Part A patients.

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. Represented the defendant before the trial court in a whistleblower case alleging Medicare fraud for physician billing in a teaching hospital.

Shah v. Porter Memorial Hospital, dismissed with prejudice in the Northern District of Indiana. Represented the defendant against a retaliation claim under the FCA.

Chomer v. Logansport Memorial Hospital, dismissed with prejudice in the Southern District of Indiana. Represented the hospital against an FCA claim based upon allegations of Stark Act and Anti Kickback statute violations.

United States ex rel. Camillo v. Ancilla Systems, Inc., dismissed by the United States District Court, Southern District of Illinois. Represented the hospital in a claim related to unbundling of laboratory services and fraudulent reporting of travel expenses.

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 represented in a whistleblower case alleging over-billing of evaluation and management codes.

United States ex rel. Tucker v. Nayak, dismissed by summary judgment, in the Central District of Illinois. Dr. Nayak faced a whistleblower case alleging improper “incident to” billing of office and diagnostic services.

United States ex rel. Coots v. Reid Memorial Hospital, dismissed, in the Southern District of Indiana. A whistleblower case against a hospital alleged Stark Act and Anti-Kickback violations, upcoding of services and the use of false diagnostic codes.

United States ex rel. Howze v. Sleep Centers of Fort Wayne, pending in the Northern District of Indiana. A whistleblower claim alleged retaliation and the submission of false claims due to failure to follow administrative procedures.

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

United States ex rel. Schulten v. Gibson Memorial Hospital, settled a retaliation claim, with all fraud claims dismissed, in the Southern District of Indiana. A whistleblower case against the hospital and affiliated entities alleged Stark law and Anti Kickback statute violations.

United States ex rel. Beck v. Midwest Eye Consultants, dismissed in part and settled in part in the Northern District of Indiana. A physician practice was named in a whistleblower claim alleging violations of the Stark Act and the Anti-Kickback Statute.

United States v. Shelby Memorial Hospital, settled in the Central District of Illinois. The government brought a case against the hospital alleging upcoding of pneumonia diagnosis codes for Medicare Part A patients.

United States ex rel. (Sealed) vs. (Sealed).  A large hospital group was accused of Stark and Anti-Kickback violations in a sealed whistleblower case. The government was persuaded to decline intervention. The whistleblower then voluntarily dismissed the complaint.

United States ex rel. (Sealed) vs. (Sealed). A hospital was accused of over-billing laboratory claims in a sealed whistleblower case. Through negotiation and document production, the government was persuaded to decline intervention. The whistleblower then voluntarily dismissed the complaint.

Media

Insurers Sweat Gov’t U-Turn on Medicare Advantage Audits, by Jeff Overley, Law 360, October 30, 2018.

Whistleblowing Attorneys: A Growing Health-Care Provider Threat, by Matt Phifer, Bloomberg Law News, October 12, 2018.

Articles

Healthcare and the False Claims Act, Honig et al., Healthcare Publishing, 2016.
Health Care Providers Beware: Enforceability of FCA Releases Questioned, with William D. Roberts, Louisville Business First, July 8, 2016.
The D.C. Circuit Draws the Line at “Potential” Penalties Being Considered Obligations Under the False Claims Act, FCADefense.com (2018)
Second Circuit Falls in Line for FCA Pleading Requirements, FCADefense.com (2017)
Seventh Circuit: Whistleblowers Cannot Build FCA Claims upon Public Information and Speculation, FCADefense.com (2017)

The Eighth Circuit Applies Escobar Materiality Test, FCADefense.com (2016)

Seventh Circuit Says “Medical Necessity” FCA Claims Require Specifics, FCADefense.com (2016)

9th Circuit Issues Blockbuster Medicare Advantage FCA Decision, FCADefense.com (2016)

Massive Penalty Spike Darkens the FCA Landscape, FCADefense.com (2016)

 Supreme Court Accepts Implied Certification – With a Twist, FCADefense.com (2016)

7th Circuit Rules “Usual and Customary Pricing” Can Include Discount Programs, FCADefense.com (2016)

Enforceability of FCA Releases Questioned, FCADefense.com (2016)

Massive Spike in FCA Penalties, FCADefense.com (2016)

Government Approval and Percentage in FCA Cases, FCADefense.com (2016)

Sixth Circuit Rejects HITECH FCA Case, FCADefense.com (2016)

Fourth Circuit Addresses Expanded Definition of “Original Source”, FCADefense.com (2016)

Sixty-Day Overpayment Rule Released, FCADefense.com (2016)

“I Refute it Thus.” The FCA and “Valueless” Damages Claims, FCADefense.com (2016)

The 60-Day Vulture Comes Homes to Roost, FCADefense.com (2015)

CMS Proposes New “Incident To” Rule, FCADefense.com (2015)

The FCA, Advice of Counsel Defense and CMS Commentary Meet the Jury, FCADefense.com (2015)

New 7th Circuit Case is a Primer in Whistleblower Cases, FCADefense.com (2015)

FCA Cases Just Got Harder to Settle, FCADefense.com (2015)

Another Circuit Rules on the Public Disclosure Bar, FCADefense.com (2015)

The Fifth Circuit Draws a Public Disclosure Roadmap, FCADefense.com (2015)

N.D.Ill.: Upcoding Allegations Against Hospitalist Group Survive Motion to Dismiss, FCADefense.com (2015)

Up the Creek Without a Regulation, FCADefense.com (2015)

Self-Disclosure, the Public Disclosure Bar, and the FCA – Uncertainty, Circuit by Circuit, FCADefense.com (2015)

Court Award Prevailing FCA Defendant Costs, FCADefense.com (2015)

Materiality and Government Knowledge in the Sixth Circuit, FCADefense.com (2015)

Supreme Court Rejects Whistleblower Appeal, FCADefense.com (2015)

Seventh Circuit: “Information and Belief” Insufficient Under 9(b), FCADefense.com (2014)

DOJ Announces that 2014 Sets Record for FCA Recoveries and Whistleblower Lawsuits, FCADefense.com (2014)

Seventh Circuit Rejects Novel Fraud Theory, FCADefense.com (2014)

New Eleventh Circuit Care: Fraud with Particularity, FCADefense.com (2014)

False Claims Act Update – Public Disclosure and Original Source, FCADefense.com (2014)

Safe Harbors Less Safe in Ohio, FCADefense.com (2014)

Qui Tam Complaints to be Reviewed by Criminal Division, FCADefense.com (2014)

Privileged Compliance Investigations: A Strategy for Avoiding Retained Overpayment FCA Actions, FCADefense.com (2014)

Retained Overpayments Change the FCA Ballgame, FCADefense.com (2013)

Sixth Circuit: Violations of Conditions of Participation Insufficient Basis for FCA Claims, FCADefense.com (2013)

CMS Publishes Administrative Ruling and Proposed Rule Providing Additional Part B Payment to Hospitals Denied Inpatient Payment, FCADefense.com (2013)

OIG Issues New Guidelines for Review of State FCA Statutes, FCADefense.com (2013)

Class Action Settlement and Potential Consultants, FCADefense.com (2012)

Do Whistleblowers Have to Plead with Particularity for Every Claim?, FCADefense.com (2012)

False Claims Exposure in Credentialing and Peer Review, FCADefense.com (2012)

A Twenty Year Statute of Limitations?, FCADefense.com (2012)

The False Claims Act and Quality of Care, FCADefense.com (2012)

Here be Dragons – Regulatory Law and the Advice of Counsel Defense, FCADefense.com (2012)

FCA – ACA = ?, FCADefense.com (2012)

Retention of Overpayments under FERA and the ACA, FCADefense.com (2011)

Fishing License Denied: Developing Trend in False Claims Act Litigation, FCADefense.com (2005)

Prolific Plaintiffs or Rabid Relators? Recent Developments in False Claims Act, Indiana Health Law Review, Vol. 1, No. 1 (2004).

Presentations

The False Claims Act – The Troll Under the Bridge, Indiana Rural Health Association, Annual Conference, June 26, 2017.

The False Claims Act, and Introduction and Discussion, American Bar Association, Young Lawyers Division, Mary 10, 2018.

You Could Be on the Hook — How Leaders Can Protect Themselves from Individual Liability, Modern Healthcare, October 25, 2017.

The False Claims Act After Escobar and the Penalties Increase, Indiana State Bar Association, Health Law Symposium, Indianapolis, November 2, 2016.

Reverse False Claims Act and New Risks for Healthcare Providers, Practical Health, Phoenix, Arizona, 2013.

Med School for Judges: A Crash Course in Medical Litigation, National Judge’s Medical School, Indiana University School of Law – Indianapolis. (2008).

False Claims Act Mock Trial, Great Lakes Healthcare Financial Management Association (2007).

False Claims Act Mock Trial, Connecticut Healthcare Financial Management Association (2007).

False Claims Act Mock Trial, Indiana Healthcare Financial Management Association (2005).

False Claims Act Mock Trial, Indiana Pressler Memorial Chapter, Healthcare Financial Management Association (2005).

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