Skip to main content

Samantha P. Kingsbury

Associate

[email protected]

+1.617.348.1829

Follow:
Share:

Samantha’s practice focuses on health care enforcement defense matters. These matters often involve criminal and administrative actions brought against health care providers and companies by state and federal governmental and regulatory agencies. She also has experience in assisting clients with internal investigations of potential violations of the federal anti-kickback statute, the Stark law, and the False Claims Act, among other statutes and regulations. Samantha also has experience preparing self-disclosures and other reports relating to such enforcement matters, as well as developing internal compliance programs.

In addition to enforcement defense matters, Samantha handles licensure and regulatory filings for a variety of health care clients, with a focus on hospitals and clinical laboratories. In this capacity, she has worked on several large transactions in Massachusetts involving the change of ownership of major hospital systems. Similarly, Samantha has assisted national clinical laboratories with respect to licensure and reimbursement issues resulting from a change of ownership.

Samantha also handles a wide variety of pro bono matters at Mintz. She helps manage the firm’s Lawyers Clearinghouse program, through which Mintz attorneys provide legal representation to residents of Boston-area homeless shelters. She also represents victims of domestic violence through the firm’s Domestic Violence Project.

Before joining Mintz, Samantha completed a fellowship as a Special Assistant District Attorney for the Suffolk County District Attorney’s Office. In this role she prosecuted several jury and bench trial matters, handled evidentiary motions and conducted arraignments and pre-trial hearings.

During law school, Samantha served as a legal intern at Casa Myrna Vazquez, Inc., a nonprofit organization working to end domestic violence in the lives of women and children. At Mintz, Samantha continues to work with victims of domestic violence through the firm’s Domestic Violence Project. She also participates in a variety of other pro bono matters.

In 2008, Samantha was a Mintz Summer Associate.

During law school, she served as administrative editor of the American Journal of Law and Medicine.

Education

  • Boston University School of Law (JD)
  • College of the Holy Cross (BA)

Experience

  • Secured a dismissal of a False Claims Act suit brought by an ex-employee whistleblower who accused the company of knowingly overcharging Medicaid for the cost of pharmaceuticals.

Recognition & Awards

  • Included on the Massachusetts Super Lawyers Rising Star: Health Care list (2017-2018)
  • Phi Beta Kappa

Involvement

  • Member, American Health Lawyers Association
  • Member of the Board of Directors for Wediko Children's Services

Languages

- Spanish

Recent Insights

News & Press

Viewpoints

Viewpoint
As many of our readers know, we have been closely following the Polukoff False Claims Act (FCA) qui tam case, which is based on allegations that certain heart procedures performed by a cardiologist were not medically necessary.  The latest development in this case came a few weeks ago, when defendants Intermountain Health Care, Inc. and IHC Health Services, Inc. d/b/a Intermountain Medical Center (Intermountain) filed a Petition for a Writ of Certiorari with the United States Supreme Court. The Petition raised two issues: (1) whether a court may create an exception to Federal Rule of Civil Procedure 9(b)’s particularity requirement when the plaintiff claims that only the defendant possesses the information needed to satisfy that requirement; and (2) whether the False Claims Act’s qui tam provisions violate the Appointments Clause of Article II of the Constitution.
Viewpoint
Nearly one year ago, on January 25, 2018, the Department of Justice’s (DOJ) Regulatory Reform Task Force issued a memorandum entitled “Limiting Use of Agency Guidance Documents In Affirmative Civil Enforcement Cases.”  Many refer to this memorandum as the “Brand Memo” because it was authored by Associate Attorney General Rachel Brand.  The Brand Memo implemented the prohibition previously issued by U.S. Attorney General Jeff Sessions in November 2017 against, in part, DOJ using guidance documents issued by other agencies “to create binding standards by which [DOJ] will determine compliance with existing statutory or regulatory requirements” (the “Sessions Memo”).
Viewpoint

Tenth Circuit Rejects Request for Rehearing in Closely Watched FCA Medical Necessity Case

November 13, 2018 | Blog | By Samantha Kingsbury, Laurence Freedman

In a three-sentence order issued on October 29th, the Tenth Circuit Court of Appeals declined to grant a Request for Rehearing in the closely watched Polukoff case. One of the questions raised in the Request was whether, by submitting a claim for reimbursement and certifying the medical necessity of the charged service, providers also certify that the claim meets all of the standards set forth in the Medicare Program Integrity Manual (MPIM).
Viewpoint
Last week, Bruce Sokler and Farrah Short from Mintz’s Antitrust practice group published a detailed alert regarding the Third Circuit’s reinstatement of an antitrust suit brought by medical device manufacturer LifeWatch Services, Inc. (“LifeWatch”) against the Blue Cross Blue Shield Association and five of its member insurance plan administrators: LifeWatch
Last week, Mintz’s Health Care Enforcement Defense Group published a new Qui Tam Update, which analyzes 46 health care-related False Claims Act qui tam cases unsealed in February and March 2018 and the trends they reflect:
Last week, Mintz’s Health Care Enforcement Defense Group published a new Qui Tam Update, which analyzes 60 health care-related False Claims Act qui tam cases unsealed in December 2017 and January 2018 and the trends they reflect.
The all-too-common story of a healthcare company declaring bankruptcy in the face of aggressive Medicare recoupment actions before the company even has a hearing before an Administrative Law Judge (ALJ) may get a new ending – at least in the Fifth Circuit.
Last week, the U.S. Attorney’s Office for the District of Massachusetts announced that it had entered into an agreement with a Massachusetts-based medical device manufacturer to settle allegations that the Company had violated the False Claims Act by purchasing lavish meals for physicians to induce them to use heart pumps manufactured by the Company.

Federal Enforcement Actions Continue to Focus on Opioid-Related Misconduct

February 20, 2018 | Blog | By Samantha Kingsbury

As we predicted in our year-end post on civil and criminal enforcement trends, 2018 is already off to strong start in opioid-related enforcement against individual providers and associated practices. 

Health Care Enforcement Review and 2018 Outlook: Criminal and Civil Enforcement Trends

January 8, 2018 | Blog | By Eoin Beirne, Samantha Kingsbury, Karen Lovitch

In both civil and criminal enforcement proceedings, 2017 was perhaps most notable for the cases brought against individual health care providers and small physician practice owners. 

News & Press

Karen Lovitch, practice leader of the Mintz Health Law Practice, Eoin Beirne, a Member in the firm’s Litigation practice, along with Associates Samantha Kingsbury and Mackenzie Queenin authored the last in a four-part series of articles on health care enforcement trends in 2017.
Three attorneys from Mintz author the second installment of a four-part series recapping key government policies, regulations and enforcement actions from 2016 and discussing their potential impacts on 2017.

Events

Faculty
May
12
2016

Anti-Kickback Fundamentals

ABA | Health Law

Webinar