Hope is the immediate past Chair of the firm’s Health Care Enforcement Defense Practice. She has also served on the firm’s Pro Bono Committee and Policy Committee.
Hope defends and resolves large, multifaceted federal and state investigations arising under criminal and civil statutes barring, among other things, the submission of false claims and the provision of remuneration to induce referrals. In connection with such cases, Hope negotiates and structures global settlements with the US Department of Justice and its US Attorneys’ Offices and state Attorneys' General Offices as well as corporate integrity agreements with the Department of Health and Human Services Office of Inspector General.
Many of the cases that she has handled have arisen as a result of qui tam cases filed by whistleblowers, under federal and state False Claims Acts. Hope also develops and implements compliance programs and advises clients in connection with voluntary disclosures to the government. Hope defends administrative actions initiated by federal and state agencies, including recoupment actions and proceedings involving licensure and certification. She has a comprehensive understanding of the Medicare and Medicaid programs and the rules governing reimbursement. In her work before the US Congress on behalf of clients, Hope has supported enactment of statutes including the Clinical Laboratory Improvement Amendments and the Stark self-referral bans.
She also represents health care providers, product manufacturers, payors, and investors, and specializes in statutory and regulatory issues affecting the provision of health care services. Her practice includes counseling, structuring, and litigating fraud and abuse issues as well as reimbursement matters.
Hope frequently speaks on topics of interest to health care providers, payors, and product manufacturers. She also has written extensively on issues confronting health care providers.
Experience
- Represented a diagnostics company in a national criminal and civil investigation involving multiple US Attorneys’ Offices and state Attorneys' General Offices. The investigation involved alleged kickback issues and billing violations.
- Defended a physician, from a Southeastern state, in a broad-based False Claims Act investigation alleging kickback issues.
- Defended a publicly traded medical device company in connection with the alleged failure to substantiate marketing and promotional claims.
- Represented a clinical laboratory in connection with a False Claims Act investigation, arising from a qui tam case, alleging issues with the manner in which specimens were obtained and transported to the laboratory prior to testing. The government declined the case and both the relator and government dismissed the complaint with prejudice.
- Represented four specialty laboratories in False Claims Act investigations in connection with the payment of processing and handling fees for specimen collection.
- Defending several providers in state False Claims Act investigations throughout the country regarding alleged violations of Medicaid billing rules.
- Represented and continuing to represent a number of providers in investigations conducted by the Federal Trade Commission involving alleged consumer protection violations.
- Representing a provider in defending against multistate investigations by numerous Attorneys’ Generals involving alleged violations of state consumer protection laws.
- Settled a number of False Claims Act investigations of various providers without Corporate Integrity Agreements.
viewpoints
Health Care Qui Tam Update
November 5, 2018 | Article | By Hope Foster, Kevin McGinty, Benjamin Zegarelli
New Jersey Regulates Out-Of-Network Billing
August 31, 2018 | Blog | By Bridgette Keller, Hope Foster
Mintz Levin Health Care Qui Tam Update - August 2018
August 7, 2018 | Article | By Hope Foster, Kevin McGinty, Bridgette Keller
Health Care Qui Tam Update - August 2017
August 16, 2017 | Article | By Hope Foster, Kevin McGinty, Amanda L. Clairmont
Health Care Enforcement Report: A Look Back at 2015 and a Forecast for 2016
January 11, 2016 | Blog | By Brian Dunphy
Upcoming Webinar and Report - Health Care Enforcement in 2016
December 30, 2015 | Blog
BNA Article Highlights Compliance Issues for Hospital Laboratories
October 22, 2015 | Blog
In Case You Missed It: Health Care Enforcement in 2015 Webinar
March 2, 2015 | Blog
Health Care Enforcement in 2015: A Look Back at 2014 and Forecasting the Year Ahead
January 26, 2015 | Blog | By Bridgette Keller
Health Care Enforcement in 2013: A Year in Review
January 13, 2014 | Advisory | By Hope Foster
News & Press
Mintz Practice Groups and Attorneys Garner Top Rankings in 2020 Edition of The Legal 500 United States
June 12, 2020
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Health Care Enforcement Reflections and Forecasts: Part 3
January 26, 2016
Health Care Enforcement Reflections and Forecasts: Part 2
January 25, 2016
Health Care Enforcement Reflections and Forecasts: Part 1
January 22, 2016
Events & Speaking
Received COVID-19 Funding? How to Mitigate and Respond to Enforcement Risks and Government Actions
View the Webinar Recording
Health Care Enforcement in 2015: A Look Back on 2014 and Forecasting the Year Ahead
Mintz Levin
Webinar
Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions
AHLA
Ritz-Carlton Hotel, Washington, DC
2014 Enforcement Outlook for Public Companies in the Health Care and Life Sciences Sectors
Mintz Levin
Webinar
Recognition & Awards
Best Lawyers in America: Health Care Law (2011-2024)
Chambers USA: Nationwide – Healthcare: Regulatory & Litigation
Included on the Washington DC Super Lawyers: Health Care list (2012-2020)
Recognized by The Legal 500 United States for Healthcare: Service Providers (2018-2020, 2022-2023)
Chambers USA: District of Columbia (Band 1) – Healthcare (2009-2023)
Martindale-Hubbell AV Preeminent
Nightingale’s Healthcare News: Outstanding Healthcare Fraud and Compliance Lawyer (2008, 2010)
Involvement
- Member, American Health Lawyers Association
- Member, District of Columbia Bar Association
- Member, American Bar Association (ABA)
- Member, ABA White Collar Crime Committee
- Member, ABA Health Care Committee
- Member, ABA Antitrust Committee
- Member, ABA Subcommittee on Health Care Fraud and Abuse