2011-The Year In Review: Trends in Health Care Enforcement

By Brian P. Dunphy, Samantha P. Kingsbury

Written by: Hope S. Foster, Tracy A. Miner, Brian P. Dunphy, Samantha P. Kingsbury, and
Stephanie D. Willis

Mintz Levin’s Health Care Enforcement Defense Group reviewed health care fraud enforcement activities in 2011 to offer a general snapshot of the environment in which health care providers and pharmaceutical and medical device manufacturers operate.  This 2011 Year in Review Report examines the extraordinary resources and attention that the Department of Justice (“DOJ”) and the Office of Inspector General (“OIG”) directed during the year to health care fraud enforcement, generally, and to particular industries that the agencies selected for increased scrutiny. This first installment discusses trends in criminal prosecutions, reviews significant civil False Claims Act cases and settlements, describes the government’s increasing focus on criminally charging and excluding individuals from the federal health care programs, and analyzes increasing fraud fighting through inter-agency collaboration at both the state and federal levels.

This Report is the first installment in an ongoing series that will analyze the government’s health care fraud enforcement efforts in 2011 to offer insights to our clients about the likely 2012 health care enforcement environment.  The continuing series will include a webinar.  Registration information for the webinar will be posted on this site.

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Brian P. Dunphy

Member / Co-Chair, Health Care Enforcement Defense Practice

Brian P. Dunphy is a member of the Health Care Enforcement & Investigations Group at Mintz. He defends clients facing government investigations and whistleblower complaints regarding alleged violations of the federal False Claims Act. Brian also handles commercial health care litigation.

Samantha P. Kingsbury

Of Counsel

Samantha advises clients on regulatory and enforcement matters. She has deep experience handling violations of the federal ant-kickback statute and FCA investigations for clinical laboratories and hospitals.