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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

The Supreme Court denied a petition for certiorari last Monday in U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc., No. 17-5826 (6th Cir. June 11, 2018), again declining to revisit or clarify the False Claims Act's “materiality” standard set forth in its 2016 decision in Universal Health Services v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016). 

In Prather, the relator alleged that defendant Brookdale Senior Living Communities, Inc. (Brookdale), a home health provider, submitted bills for medical services that were “untimely” signed and certified by physicians in violation of Medicare regulations.  When submitting Medicare claims, Brookdale purportedly did not obtain the required physician certifications attesting that the medical services provided by Brookdale were necessary until months after establishing a patient’s plan of care.  Because Medicare regulations under 42 C.F.R. § 424.22(a)(2) require physician certifications “at the time the plan of care is established or as soon thereafter as possible,” the relator alleged that Brookdale’s untimely certifications rendered the claims false under the implied false certification theory.  The district court dismissed the complaint on materiality grounds, holding that the noncompliance was insubstantial and that the relator failed to allege that the government had ever denied a claim based on a violation of the timing requirement under the Medicare regulations.
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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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