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Nicole E. Henry

Associate

[email protected]

+1.617.348.1867

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Nicole represents clients in health care litigation and enforcement matters across a variety of areas including government investigations, white collar defense, and complex commercial litigation in state and federal courts.  Her practice focuses on defending clients, including health care companies and providers, health plans, Medicare Advantage plans, laboratories, and government contractors against alleged violations of the False Claims Act (FCA) and similar state laws.  In addition, Nicole represents clients in investigations and litigation involving consumer protection issues.  Nicole also defends business executives and professionals in corporate investigations and government enforcement actions.     

Nicole has guided clients through all stages of litigation and government investigations, including investigations by the US Department of Justice, the Federal Trade Commission, and state Offices of the Attorney General.  Nicole is experienced in leading internal investigations, litigating FCA lawsuits, managing large data matters through discovery, and advising clients on regulatory and compliance requirements and risk assessments.    

Nicole has an active pro bono practice, with a particular focus on representing asylum-seekers and victims of domestic violence.  In recognition of her pro bono work, Nicole received the 2022 Richard Mintz Pro Bono Award, an annual award presented by the firm’s Pro Bono Committee to attorneys who demonstrates leadership and commitment in the area of pro bono.

Prior to joining Mintz, Nicole worked as a legal extern in the National Security Division, Counterterrorism Section of the US Department of Justice.  While in law school, Nicole was a member of The George Washington International Law Review.  Nicole also served as a writing fellow and as a vice president of the Student Bar Association.

Experience

  • Defended health plans, Medicare Advantage plans, laboratories, and government contractors in various FCA investigations and litigations in jurisdictions around the country
  • Represented Medicare Advantage Organization in favorable resolution of FCA case before litigation and without a Corporate Integrity Agreement
  • Represented military equipment manufacturer in favorable resolution of FCA case prior to litigation and without suspension or debarment penalties
  • Assisted vendor to Medicare Advantage plans obtain dismissal of a whistleblower’s state and federal FCA claims following successful appeal in the Second Circuit Court of Appeals, which affirmed the district court’s decision
  • Representing health plans in FCA lawsuit alleging wrongful retention of overpayments
  • Representing accountable care organization support company in FCA retaliation litigation following declination by DOJ to intervene in the qui tam lawsuit
  • Defending healthcare company in investigations conducted by the Federal Trade Commission and numerous state Attorneys General involving alleged consumer protection violations
  • Represented hospital in litigation regarding Provider Relief Funds
  • Defended urgent care clinic chain in FCA investigation brought by DOJ and Massachusetts Attorney General
  • Advised VP of medical device manufacturer in FCA investigation into alleged defective products
  • Represented former program manager of a Fortune 500 weapons manufacturer in connection with FCA investigation into government contracts
  • Defended diagnostics company in a national criminal and civil investigation involving alleged kickback issues and billing violations brought by multiple US Attorneys’ Offices and state Attorneys General Offices
  • Member of the team that represented a charged parent in the Varsity Blues cases
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viewpoints

Our 2025 edition of EnforceMintz reflects on health care enforcement trends, predicts how health care enforcement may evolve, and offers practical guidance about what these trends and predictions mean for health care providers, payors, and other stakeholders.

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In 2024, the Department of Justices and Centers for Medicare & Medicaid Services intensified enforcement in Medicare Advantage and Part D, with a focus on risk adjustment audits and Star Ratings disputes. Key developments, including litigation and regulatory changes, signal heightened scrutiny for MAOs, PDP Sponsors, and their vendors in 2025.

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Enforcement against Medicare Advantage Organizations continues to be a top priority for the DOJ and HHS’s Office of Inspector General as the number of Medicare Advantage enrollees continued to rise in 2023.

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Comments made by Department of Justice attorneys during a recent webinar provided insight into the government’s civil enforcement priorities related to the coronavirus pandemic. In particular, government attorneys expect that civil enforcement related to COVID-19 relief funds will focus on certifications made by applicants seeking loan forgiveness and anticipate increased investigations into telemedicine services.
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Leading up to a webinar on July 15, 2020, we are publishing a blog series covering the risks of enforcement against companies that received COVID-19 relief funds under the CARES Act and strategies for mitigating those risks.  This third, and final, installment of our series discusses emerging and anticipated criminal enforcement involving COVID-19 relief programs.
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Since the early days of the pandemic, Mintz’s COVID-19 Compliance & Enforcement Defense Task Force has closely monitored and advised clients on the evolving COVID-19 relief programs, including those created by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act provided for over $2 trillion in relief funds, which is the largest emergency assistance package in American history. The numerous CARES Act programs have continued to develop through, among other things, the passage of the Paycheck Protection Program and Health Care Enhancement Act, the Paycheck Protection Program Flexibility Act of 2020, and rapidly changing regulatory guidance and FAQs. As one example, the government recently wrestled with whether to make public the list of about 4.6 million entities that received more than $500 billion from the Paycheck Protection Program (PPP) under the CARES Act. After initially refusing to disclose PPP loan recipients, the Small Business Administration and Treasury Department decided to make public the names of entities that received loans larger than $150,000, as well as the dollar range of each loan.
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The Department of Justice recently filed suit against Anthem, Inc. (Anthem) alleging that the Medicare Advantage Organization (MAO) violated the False Claims Act when it knowingly failed to delete inaccurate diagnosis codes submitted to the Centers for Medicare and Medicaid Services (CMS) for risk adjustment purposes. As predicated in our 2020 outlook post, we continue to see enforcement activity and ongoing litigation against Medicare Advantage plans. Notably, this trend is referenced in SDNY’s complaint, alleging that the government has “sought to enforce” data accuracy in the risk adjustment system by “actively pursuing legal remedies against [] MAOs that have knowingly submitted inaccurate and untruthful diagnosis data to CMS[.]” The complaint provides four examples of settlements obtained from 2012-2019 against MAOs and healthcare providers who, purportedly like Anthem, submitted inaccurate diagnosis codes to CMS or allegedly failed to delete unsupported diagnosis codes.
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As discussed in our article recently published by Law360, criminal health care enforcement in 2019 was in many ways a continuation of 2018, with opioid-related enforcement continuing to be the clear top priority for the Department of Justice (DOJ), in addition to DOJ's sustained focus on prosecuting individuals and data-driven identification of health care fraud.  This post provides an overview of our article, which covers these issues and our expectations for 2020 in detail.
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As discussed in our article recently published by Law360, 2019 brought yet another year of robust health care enforcement activity, and the False Claims Act (FCA) remains the government’s most powerful civil health care enforcement tool.  This post will give an overview of our article, which covers these issues and more in great detail.
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The Court of Appeals for the Third Circuit recently weighed in on a relator’s right to a hearing where the government moves to dismiss a declined qui tam case, holding that the False Claims Act (FCA) does not guarantee a relator an in-person hearing before their declined FCA cases may be dismissed.
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News & Press

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187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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Mintz Member Eóin Beirne and Associates Jason Burrell and Nicole Henry co-authored this Law360 expert analysis article examining trends and developments in criminal health care enforcement in 2019, such as opioid-related enforcement, kickbacks and medical necessity, medical devices, U.S. Department of Justice guidance, and more. The article also posits criminal health care enforcement trends for 2020, including the increased use of data-driven investigative tools, continued opioid prosecutions, and scrutiny of new technologies or novel ways of delivering medical care.
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Recognition & Awards

  • Best Lawyers in America "Ones to Watch": Commercial Litigation (2024-2025)

  • The George Washington University Law School, Presidential Volunteer Service Award (2017)

  • The George Washington University Law School, First Year Moot Court Competition Best Brief Award (2015)

  • Phi Kappa Phi Honor Society (2012 – 2014)

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