Jane’s practice focuses primarily on health care enforcement defense. Jane defends laboratories, physicians, and other clients facing government investigations and qui tam litigation arising from alleged violations of the federal False Claims Act (FCA), the Stark Law, and alleged criminal and civil violations of the anti-kickback statute. Jane assists clients with negotiation and structuring of 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. Jane also defends clients in consumer protection and unfair or deceptive trade practices investigations initiated by the Federal Trade Commission or state Attorneys’ General Offices. Jane also advises clients regarding cannabis licensing, compliance, and regulatory matters.
Recent victories to which Jane has contributed include:
- Successfully defended a national laboratory against a whistleblower’s qui tam complaint.
- Defense verdicts on summary judgment in multi-jurisdictional product liability disputes involving FDA-approved pharmaceutical drugs and assay test development.
- Defense verdict on partial summary judgment in a bet-the-company case involving a dispute between the majority owner of a multi-billion dollar company and private equity investors.
Jane also maintains an active pro bono practice, succeeding on an appeal before an administrative law judge and securing social security benefits for her client. Jane has also appeared in family and probate court on behalf of her clients in guardianship and custody matters. Most recently, Jane’s pro bono practice has focused on social justice efforts, including participating in CORI sealing clinics and conducting research specific to assisting individuals with criminal records in understanding their public housing options. Jane also participates in the Lawyers Clearinghouse Legal Clinic for the Homeless, through which Mintz attorneys provide legal representation to residents of Boston-area homeless shelters.
While attending law school at night and working full time for the State Auditor’s Office, Jane was the winner of the National Moot Court New England Regional Competition and the two-time winner of the Tom C. Clark Appellate Advocacy Competition. She also served as Comment Editor of the Suffolk University Law Review. She graduated first in her class from Suffolk Law’s evening program.
viewpoints
Federal District Court Holds FCA’s Private Whistleblower Provisions Unconstitutional
October 4, 2024 | Blog | By Grady Campion, Jane Haviland, Karen Lovitch
On September 30, 2024, a federal district court judge held that the qui tam provisions of the False Claims Act (FCA) violate the Appointments Clause of Article II of the Constitution. U.S. ex rel. Zafirov v. Fla. Med. Assocs., LLC, C.A. No. 8:19-cv-01236-KKM, 2024 U.S. Dist. LEXIS 176626 (M.D. Fla. Sept. 30, 2024) (“Zafirov”). While Zafirov’s holding is novel, the constitutional issue raised in that decision is not.
Acting U.S. Attorney Levy Forecasts False Claims Act COVID Cases Targeting Private Lenders Of CARES Act Loans That Failed In Their Obligation To Safeguard Government Funds
June 5, 2024 | Blog | By Eoin Beirne, Jane Haviland
Acting U.S. Attorney Joshua Levy discussed the enforcement priorities for the Massachusetts U.S. Attorney’s Office (USAO) during a Q&A session on May 29, 2024, and made clear that the historical focus of the office remains the top priority: detecting and combating health care fraud, waste, and abuse.
DOJ Releases COVID-19 Fraud Enforcement Task Force Report Touting Its Successes and Urging Lawmakers to Enact New Legislation
April 18, 2024 | Blog | By Jane Haviland, Abdie Santiago
The government’s continued dedication of resources to investigating and prosecuting fraud against COVID-19 pandemic relief programs appears to have borne fruit according to the results of the COVID-19 Fraud Enforcement Task Force’s (CFETF) report released on April 9, 2024. The CFETF, which represents a concerted effort across numerous federal agencies to investigate pandemic-related fraud, has, according to its 2024 report, succeeded in prosecuting over 3,500 defendants in criminal enforcement matters, in bringing civil enforcement actions resulting in more than 400 civil settlements and judgments, and in securing more than $1.4 billion in seizures and forfeitures. The report itself is a showcase of the CFETF’s COVID-19 fraud enforcement efforts to date.
Safeguarding Reproductive Rights
February 23, 2024 | Article
Lawyers for Good Government, in partnership with the American College of Obstetricians and Gynecologists, initiated a vital project known as The Policy Resource Hub in 2022.
EnforceMintz — COVID-19 Fraud Enforcement Unlikely to Slow Down in 2024
February 8, 2024 | Blog | By Laurence Freedman, Jane Haviland
The government continued to dedicate enormous resources to investigating and prosecuting fraud against COVID-19 pandemic relief programs in 2023. In addition to civil False Claims Act settlements, there were a number of criminal enforcement matters, including some involving politicians, government employees, and those with connections to gangs and transnational crime networks.
Health Law Diagnosed — Mintz Health Law Team: Reflecting on What We Are Grateful For
February 5, 2024 | Podcast | By Bridgette Keller
As the Mintz Health Law team welcomes the beginning of 2024, many of its members take a moment to reflect on the exciting growth of the Health Law Practice, opportunities to partner with clients on complex legal issues, and the celebration of numerous milestones.
Key Takeaways from the OIG’s New Comprehensive General Compliance Program Guidance
November 10, 2023 | Blog | By Rachel Yount, Jane Haviland
The Department of Health and Human Services’ Office of Inspector General (OIG) published a General Compliance Program Guidance (GCPG) on November 6, 2023, marking the first update to OIG’s compliance program guidance documents (CPGs) since 2008 and advancing OIG’s Modernization Initiative first announced in a September 2021 Request for Information.
Those Aren’t Doritos: FTC and FDA Send Warning Letters to Companies Marketing Delta-8 Infused Munchies
July 18, 2023 | Blog | By Jane Haviland, Joanne Hawana
The Federal Trade Commission’s (FTC) recent press release marks a continuation in government action against manufacturers of products infused with delta-8 tetrahydrocannabinol (delta-8). In May 2022, the U.S. Food and Drug Administration (FDA) issued warning letters to companies advertising delta-8 products as treatments for various medical conditions (see our prior post here). The more recent action came on July 3, 2023, when the FTC and FDA announced that they had jointly issued warning letters to manufacturers marketing products infused with delta-8 that appear similar to Cheetos, Doritos, Nerds, and other snacks and treats popular with children.
OIG Announces Long Overdue Modernization of its Compliance Program Guidance Documents
May 3, 2023 | Blog | By Jane Haviland, Rachel Yount
The Department of Health and Human Services’ Office of Inspector General (OIG) announced on April 24, 2023 that it will soon issue long overdue updates to its compliance program guidance documents (CPGs). First introduced in 1998, the CPGs are a series of voluntary guidance documents, each tailored to a specific segment of the health care industry. While the CPGs include important insights on specific risk areas and how to apply the seven elements of an effective compliance program to particular types of health care entities, they are ripe for modernizing. OIG will publish a General CPG (GCPG) applicable to all individuals and entities involved in the health care industry by the end of 2023, followed by industry-specific CPGs (ICPGs) in 2024. Of note, the OIG announced that its first two ICPGs will address Medicare Advantage and Skilled Nursing Facilities (SNFs), perhaps signaling the OIG’s priorities. The OIG’s updates to the CPGs are part of the OIG’s Modernization Initiative first announced in September 2022.
FDA Modernizes Mammography Regulations, Provides Facilities with Eighteen-Month Compliance Deadline
March 20, 2023 | Blog | By Joanne Hawana, Jane Haviland
On March 9, 2023, the Food and Drug Administration (FDA) published a final rule to update the Mammography Quality Standards Act (MQSA) to reflect advances in mammography technology and, among other requirements, standardize aspects of mammography reports patients receive. Most notably, the final rule requires informing patients about whether they have "dense" or "not dense" breast tissue and establishes a new mandatory timeframe for facilities to send those reports to the referring health care provider (i.e., within 30 days). The final rule, which takes effect on September 10, 2024, modernizes the MQSA by addressing changes in mammography technology and making improvements that enhance enforcement of quality standards as well as the way mammography results are provided to patients and health care providers.
News & Press
Cannabis Ruling Lights Path For Bankruptcy Protection
April 16, 2024
Ruling Casts Shadow On Cannabis Employees' Ch. 13 Relief
February 16, 2023
Associates Jane Haviland, Kathryn Droumbakis, and Rachel Sposato co-authored an article published by Law360 discussing bankruptcy relief for employees in the cannabis industry.
Events & Speaking
Healthcare Regulatory Considerations for Patient Incentives: AKS and CMPL Compliance, Safe Harbors, Exceptions
Strafford CLE
Virtual Webinar
Enforcement and Data Analytics
ABA 32nd Annual National Institute on Health Care Fraud
Caesars Palace
Publications
- Co-author, Crackdown on COVID-19 Testing Fraud Continues, Published by G2 Intelligence (2024)