Ellyn has more than 30 years of legal experience, with an extensive background in the field of government health care enforcement.
Ellyn’s experience enables her to provide valuable insight to clients facing potential state or federal investigations, or who have general compliance concerns. Ellyn currently represents a variety of health care product and service providers in federal and state administrative, civil, and criminal matters around the country. She conducts internal reviews and investigations for clients concerned about potential compliance issues. Ellyn advises clients on proposed or existing health care business arrangements, especially those involving Medicaid, Medicare, and the 340B Drug Pricing Program. Ellyn drafts compliance plans to help insulate clients from future whistleblower claims or enforcement efforts. And Ellyn helps negotiate resolutions of matters brought under federal or state false claims acts.
Prior to joining Mintz Levin, Ellyn spent more than 15 years as the director of the Oregon Department of Justice's Medicaid Fraud Control Unit, supervising investigations and prosecutions of criminal and civil health care billing fraud and patient neglect cases in both state and federal court. Ellyn handled a wide variety of complex health care cases, and developed specialized experience in qui tam false claims actions. Ellyn was the lead state attorney in multiple “global” health care matters, heading up major false claims investigations and settlements involving national and international health care providers. Ellyn co-chaired the National Association of Medicaid Fraud Control Units (NAMFCU) Global Case Committee for more than 10 years, and was instrumental in developing the processes in use today for coordinating federal and state false claims investigations. She also developed and presented training programs for government attorneys, auditors, and investigators who investigate and pursue false claims health care cases.
Ellyn previously served as the chief of the Consumer Rights Division of the Office of the Utah Attorney General, overseeing administrative, civil, and criminal consumer-based investigations and litigation. Ellyn began her legal career as a defense attorney with the Clayton, Missouri firm of Wolff and Frankel.
Ellyn frequently speaks and writes on health care fraud and abuse matters, and is a contributor to the Mintz Levin Health Law & Policy Matters blog.
Recognitions & Awards
- HHS OIG Integrity Award (2005)
- President's Council on Integrity and Excellence Award for Excellence (2005)
- Multiple Oregon Department of Justice Outstanding Service Awards
- NAMFCU President's Leadership Award
- NAMFCU Case Leadership Award
Professional & Community Involvement
- Co-chair, National Forum on Pharmaceutical Pricing Litigation, American Conference Institute (October 2012)
- Past member, St. Louis County Metropolitan Task Force on Child Sexual Abuse
- Member, NAMFCU Global Case Committee (1998 – 2009)
- Co-chair, NAMFCU Global Case Committee (1999 – 2008)
- Past president, National Association of Medicaid Fraud Control Units
- Member, Washington University (St. Louis) Washington, DC Regional Cabinet
- Past board member, Jewish Family and Children Services of Oregon
- Past board member, Mittleman Jewish Community Center
- Past chair, Mittleman Jewish Community Center Kids Corner Committee
- Past member, Board of Advisors for St. Louis Warson House Home for Girls
Ellyn has more than 30 years of legal experience, with an extensive background in the field of government health care enforcement.
Ellyn’s experience enables her to provide valuable insight to clients facing potential state or federal investigations, or who have general compliance concerns. Ellyn currently represents a variety of health care product and service providers in federal and state administrative, civil, and criminal matters around the country. She conducts internal reviews and investigations for clients concerned about potential compliance issues. Ellyn advises clients on proposed or existing health care business arrangements, especially those involving Medicaid, Medicare, and the 340B Drug Pricing Program. Ellyn drafts compliance plans to help insulate clients from future whistleblower claims or enforcement efforts. And Ellyn helps negotiate resolutions of matters brought under federal or state false claims acts.
Prior to joining Mintz Levin, Ellyn spent more than 15 years as the director of the Oregon Department of Justice's Medicaid Fraud Control Unit, supervising investigations and prosecutions of criminal and civil health care billing fraud and patient neglect cases in both state and federal court. Ellyn handled a wide variety of complex health care cases, and developed specialized experience in qui tam false claims actions. Ellyn was the lead state attorney in multiple “global” health care matters, heading up major false claims investigations and settlements involving national and international health care providers. Ellyn co-chaired the National Association of Medicaid Fraud Control Units (NAMFCU) Global Case Committee for more than 10 years, and was instrumental in developing the processes in use today for coordinating federal and state false claims investigations. She also developed and presented training programs for government attorneys, auditors, and investigators who investigate and pursue false claims health care cases.
Ellyn previously served as the chief of the Consumer Rights Division of the Office of the Utah Attorney General, overseeing administrative, civil, and criminal consumer-based investigations and litigation. Ellyn began her legal career as a defense attorney with the Clayton, Missouri firm of Wolff and Frankel.
Ellyn frequently speaks and writes on health care fraud and abuse matters, and is a contributor to the Mintz Levin Health Law & Policy Matters blog.
Recognitions & Awards
- HHS OIG Integrity Award (2005)
- President's Council on Integrity and Excellence Award for Excellence (2005)
- Multiple Oregon Department of Justice Outstanding Service Awards
- NAMFCU President's Leadership Award
- NAMFCU Case Leadership Award
Professional & Community Involvement
- Co-chair, National Forum on Pharmaceutical Pricing Litigation, American Conference Institute (October 2012)
- Past member, St. Louis County Metropolitan Task Force on Child Sexual Abuse
- Member, NAMFCU Global Case Committee (1998 – 2009)
- Co-chair, NAMFCU Global Case Committee (1999 – 2008)
- Past president, National Association of Medicaid Fraud Control Units
- Member, Washington University (St. Louis) Washington, DC Regional Cabinet
- Past board member, Jewish Family and Children Services of Oregon
- Past board member, Mittleman Jewish Community Center
- Past chair, Mittleman Jewish Community Center Kids Corner Committee
- Past member, Board of Advisors for St. Louis Warson House Home for Girls
Publications
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Author,
Five Takeaways from the OIG’s Special Advisory Bulletin on Exclusion, Health Law Advisory ()
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Author,
The Pressure Is On For 340B Entities, Law360 ()
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Co-author,
Sanctions Imposed on Qui Tam Counsel for Failing to Meet Ethical Standards Relating to the Use of Privileged Documents, Health Care Enforcement Defense Advisory ()
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Author,
In Pursuit of Individual Exclusions, Law360 ()
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Co-author,
The Government Announces Predictive Modeling Technology for Medicare To Go Live on July 1, 2011, Health Care Enforcement Defense Alert ()
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Co-author,
ACO Fraud & Abuse Provisions, Health Care Reform Advisory ()
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Co-author,
HHS Boosts State Health Care Enforcement Authorities, Health Care Enforcement Defense Advisory ()
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Co-author,
FDA to Begin Revamping the 510(k) Medical Device Review Program, Life Sciences Advisory ()
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Author,
Mo V. Spilton And False Claims Penalties, Law360 ()
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Author,
Missouri v. Spilton and False Claims Penalties, Law360 ()
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Author,
DOJ and HHS Announce Efforts to Obtain Proactive Data Mining Tools to Supplement Anti-Fraud Efforts, Health Care Enforcement Defense Alert ()
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Author,
The NAMFCU Global Newsletter, ()
Speaking Engagements
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Speaker,
Preventing Whistleblower Actions: Customizing an Effective Qui Tam Avoidance Program,
Mintz Levin, Webinar
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Panelist,
State False Claims Act Practice - Medicaid and Other Frauds at the State Level,
False Claims Act: All Points of View,
CLE International, San Francisco, CA
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Moderator,
Survey and Analysis of state Pricing Enforcement Activities,
In-House Counsel and Pricing Executive Forum on Government Regulation of Prescription Drug Pricing,
ACI, New York, NY
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Speaker,
Emerging Issues in the Prosecution and Defense of State Medicaid False Claims Cases,
Bloomberg BNA, Webinar
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Speaker,
Developing Litigation Strategy in Response to the Increase of Qui Tam and Whistleblower Cases Proceeding to Trial,
National Forum on Pharmaceutical Pricing Litigation Conference,
American Conference Institute, New York, NY
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Moderator,
State and Federal Enforcers Panel: Adjusting Trial Strategy and Addressing Challenges When Moving into Litigation and/or Settlement,
National Forum on Pharmaceutical Pricing Litigation Conference,
American Conference Institute, New York, NY
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Moderator,
State Pricing Enforcement Update: The State Enforcers Speak,
In-House Counsel Forum on Government Regulation of Prescription Drug Pricing ,
American Conference Institute , New York, NY
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Speaker,
Litigating False Claims Act Cases,
ABA National Institute of Health Care Fraud Annual Conference,
American Bar Association, Miami Beach, FL
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Speaker,
State Enforcement and Medicaid Fraud,
ABA National Institute of Health Care Fraud Annual Conference,
American Bar Association, Miami Beach, FL
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Coordinating Federal/State Off-Label Marketing Cases,
Biannual Pharmaceutical Fraud Training Conferences,
US Department of Justice
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Processes for Pursuing Medicaid Multi-State Pharmaceutical Cases,
Chief Deputies Meeting,
National Association of Attorneys General
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Training for MFCU Attorneys, Investigators, and Auditors Handling Qui Tam and Global Cases,
Newsroom