Skip to main content

Hope S. Foster

Member / Chair, Health Care Enforcement Defense Practice

[email protected]

+1.202.661.8758

Follow:
Share:

Hope is 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.

Education

  • George Washington University (JD)
  • Wellesley College (BA)

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.

Recognition & Awards

  • Chambers USA: Nationwide – Healthcare: Regulatory & Litigation (2011 – 2020)
  • Chambers USA: District of Columbia (Band 1) – Healthcare (2009 – 2019)
  • Included on the Washington DC Super Lawyers: Health Care list (2012 – 2020)
  • Best Lawyers in America: Health Care Law (2011 – 2020)
  • Recognized by The Legal 500 United States for Healthcare: Service Providers (2018-2020)
  • 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

Languages

- French

Recent Insights

Events

Viewpoints

Mintz Levin Health Care Qui Tam Update - August 2018

August 7, 2018 | Article | By Hope Foster, Kevin McGinty, Bridgette Keller

In this issue, we provide an overview of 46 recently unsealed qui tam cases and take an in-depth look at four of those cases. Two of the featured cases were filed by patients, a rare but growing category of relators, in one instance using supporting data from the CMS Medicare database. In addition, we discuss health care qui tam litigation trends based on filings in the 12-month period that ended on June 30, 2018, including the government’s intervention rate and the percentage of cases filed by customers, business partners, consultants, patients, and other nontraditional relators.
Read more
Viewpoint Thumbnail

Health Care Qui Tam Update - August 2017

August 16, 2017 | Article | By Hope Foster, Kevin McGinty, Amanda L. Clairmont

Read about health care qui tam litigation trends for the 12 months that ended on August 31st and significant cases, including two involving skilled nursing facilities.
Read more
My colleagues Hope Foster, Larry Freedman, and Bridget Rohde, members of Mintz Levin’s Health Care Enforcement Defense group, recently published a report surveying health care enforcement trends and developments in 2015 and forecasting what these developments herald for 2016.
Read more
As 2015 comes to a close and you look ahead to the New Year, we hope that you will consider joining us for an informative webinar on health care enforcement trends for 2016.
Read more
Hospital lawyers, whether in-house or outside counsel, have oversight over many facets of the hospital’s operations. One department they may not be focused on, but should be, is the hospital’s laboratory.
Read more
Earlier this month, Mintz Levin’s Hope Foster and Bridget Rohde hosted a webinar entitled “Health Care Enforcement in 2015: A Look Back on 2014 and Forecasting the Year Ahead.”
Read more
The US Department of Justice (DOJ), the Department of Health and Human Services’ Office of Inspector General (OIG), and other federal and state agencies continued to focus on health care enforcement as a top priority in 2014. 
Read more

Health Care Enforcement in 2013: A Year in Review

January 13, 2014 | Advisory | By Hope Foster

In 2013, the U.S. Department of Justice, Health and Human Services Office of Inspector General, and other federal and state agencies continued to aggressively prosecute health care fraud and related offenses through criminal, civil, and parallel proceedings.
Read more

Health Care Enforcement in 2012: A Year in Review

February 25, 2013 | Advisory | By Samantha Kingsbury, Hope Foster, Jessica Sergi

Trends in health care enforcement during 2012 have been significant in reinforcing the government’s fraud investigation and recovery strategies. Health care fraud enforcement will likely intensify in the post-health reform era.
Read more

Corporate Integrity Agreements: OIG Provides Glimpse of the Future

October 11, 2012 | Blog | By Pamela Kramer, Hope Foster

The OIG held a roundtable meeting with representatives from 32 companies that have entered into Corporate Integrity Agreements (CIAs) since 2009. Following from the August 7, 2012, roundtable meeting, this week the OIG published a roundtable paper Focus on Compliance: The Next Generation of Corporate Integrity Agreements. 
Read more

News & Press

Press Release Thumbnail
In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
Press Release Thumbnail
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Mintz is pleased to announce that eight attorneys have been named Washington, D.C. Super Lawyers for 2018 and three others have been named Washington, D.C. Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.
Press Release Thumbnail
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Eight Mintz attorneys have been named Washington, D.C. Super Lawyers for 2017 and four have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in The Washington Post Magazine and in a stand-alone magazine, Washington D.C. Super Lawyers Magazine.
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas. 
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
Mintz Members Hope Foster and Larry Freedman authored this Law360 column providing an overview of “some of the most important joint criminal and civil matters” impacting health care fraud enforcement from 2015 into 2016.
Mintz Members Hope Foster and Larry Freedman authored this Law360 column, the second part in a three-part series, discussing some of the more notable cases and criminal prosecutions pertaining to health care enforcement in 2015.
This column kicks off a three-part series from the Mintz Health Law team. Members Hope Foster and Larry Freedman authored this Law360 piece that recaps policy developments impacting fraud enforcement in 2015.
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C.  attorneys as “Leaders in Their Fields.”
Seven Mintz attorneys have been named Washington, D.C. Super Lawyers for 2015 and five have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in Washington Post Magazine and in a stand-alone Washington D.C. Super Lawyers Magazine.