Highlights

Health Care

Overview
Civil Litigation
White Collar & Investigations
Regulatory & Compliance

Multiple state and federal entities exercise jurisdiction over health care. Often those in the health care industry—whether providers, their employees, or the directors or officers of health care companies—need guidance about the array of regulations with which they must comply. In some instances, it may become necessary to seek representation in civil, criminal, and administrative matters.

Zuckerman Spaeder LLP’s attorneys have extensive experience not only advising clients on health care regulations but also representing providers in civil, criminal, and administrative health care–related proceedings and investigations. Among our attorneys are seasoned trial lawyers who, having both prosecuted and defended health care cases, can provide clients a robust understanding of the legal, business, and practical issues that arise in regulatory matters, investigations, and litigation.

Experience Highlights

Qui Tam and Other Healthcare Litigation

Zuckerman Spaeder has extensive experience helping clients resolve complex civil litigation; our team of skilled litigators has tried numerous civil cases to judgment in federal and state courts and in arbitrations. We also understand the intricacies of the health care industry, which allows us to plan strategies that not only meet our clients’ legal objectives but also protect their core businesses. We have a long and successful history of defending health care providers in business disputes, False Claims Act investigations and actions, and other civil litigation. Our clients have included hospitals, nursing home chains, pharmacies, medical device manufacturers, pharmaceutical companies, physicians, pharmacists, and others in the health care industry.

Healthcare Provider Insurance Litigation

Zuckerman Spaeder has helped shift the balance of power between patients and their healthcare providers, on the one hand, and insurers on the other —winning cases that have expanded patient/provider rights, delivered large monetary wins, and forced insurers to comply with state and federal laws by reforming their practices.

Our success is the result of a groundbreaking legal approach developed by partners D. Brian Hufford and Jason Cowart. In the two decades since they first began challenging health insurer practices—primarily through ERISA, a statute governing federal benefit plans—they have been at the vanguard of an entirely new insurance recovery legal practice.

Taking on the world’s largest insurers demands a sophisticated approach and mastery of the interrelationship between a complex web of state and federal laws. Our attorneys not only developed the legal concept that has become central to this fight, they have spent years refining their strategy and building strong relationships with supportive government agencies.

Experience

Because an array of government entities regulate health care, cases are often complex and may involve multiple agencies pursuing parallel matters (such as simultaneous grand jury investigations, regulatory enforcement actions, and civil litigation). Effective representation requires developing and implementing nuanced, well-planned strategies that take into account the impact developments in one matter may have in related proceedings.

Zuckerman Spaeder lawyers have handled a broad spectrum of health care fraud cases—regulatory, civil, and criminal—including claims of billing fraud, false claims, kickbacks, off-label promotions, and an array of other matters. We have served as counsel in proceedings filed against health care providers by the U.S. Department of Justice (DOJ), U.S. Department of Health and Human Services (HHS), and state authorities. Moreover, among our attorneys, we count a founding member of the Health Fraud Task Force for the U.S. Attorney’s Office for the Middle District of Florida, a former deputy to the DOJ Special Counsel for Financial and Health Care Fraud, other former prosecutors of complex white collar cases, and two current co-chairs of the Health Care Fraud Sub-Committee of the American Bar Association (ABA) White Collar Crime Committee. Our broad experience enables us to advise clients based on a robust understanding of the factors that prosecutors and other government officials weigh when deciding whether to pursue an investigation or a case.

Experience

Compliance programs not only protect health care providers against misconduct but also help them demonstrate they are satisfying statutory and administrative regulations. Our attorneys frequently advise transactional health care attorneys on relevant enforcement initiatives, and we have helped clients design, implement, and document programs to train and monitor employees. We have also counseled health care providers on complying with corporate integrity agreements.

Experience

Offices