Healthcare Fraud and Abuse

  • The Healthcare Fraud and Abuse Team at Holland & Knight combines healthcare and life sciences attorneys, transactional attorneys and experienced former federal and state prosecutors and regulators to provide comprehensive representation to clients.
  • We routinely represent our clients in defending allegations of federal and state healthcare fraud and False Claims Act investigations.
  • Our team works proactively with clients to advise them on business development matters, sales and marketing matters, and operational matters that may implicate the federal and state fraud and abuse laws.

More than ever before, stakeholders in the healthcare industry face increased risk and potentially devastating consequences arising from fraud and abuse matters. Holland & Knight's healthcare fraud team blends the skills of former federal and state prosecutors and regulators, with lawyers who have served in the industry, to provide the comprehensive counsel you need to protect your operation.

Achieving Compliance

Holland & Knight attorneys work closely with a range of clients to guard against healthcare fraud through proactive compliance planning. Counsel in this area includes: 

  • compliance program development and monitoring 
  • compliance auditing 
  • gap analyses 
  • internal reporting and self-disclosure 
  • Corporate Integrity Agreement compliance and training

Business Development and Operational Support

Holland & Knight's healthcare fraud attorneys are also uniquely qualified to advise on business operations matters and as well as business transactions which could lead to healthcare fraud and abuse risks. Areas where we have provided counsel include: reimbursement, product approvals, licensing, supply chain, discounting and rebating, sales and marketing, advertising, as well as joint ventures and acquisitions.

Winning Defense Strategies

Responding swiftly and competently to criminal or civil investigations is key to positive outcomes and mitigating damage in healthcare fraud and abuse situations. First-hand industry experience and relationships with seasoned prosecutors again bolster our response in this area. Additionally, Holland & Knight's healthcare fraud and abuse attorneys work with in-house teams of litigation analysts and investigators as well as dedicated e-Discovery attorneys to provide seamless, integrated support.

Advice on Emerging Risk Areas and Legislative Developments

Holland & Knight healthcare fraud attorneys rigorously protect your interests through ongoing analysis of healthcare fraud and abuse laws and their potential impact on your operation. We routinely address matters under Federal and State Antikickback Statutes, Federal and State False Claim Act laws, Federal price reporting laws, the Federal Civil Monetary Penalties Statute, the Robinson-Patman Act, the Federal Health Fraud Statute, the Federal False Statements Statute, Medicare and Medicaid laws and regulations, State gifting reporting and state consumer protection statutes.

Diverse Client Support

Holland & Knight's healthcare fraud and abuse counsel extends to the full range of industry stakeholders. We have advised "big and specialty" pharmaceutical manufacturers, medical device manufacturers, pharmaceutical and device wholesalers, retail pharmacy chains, long term care pharmacies, clinical laboratories, community and non-profit hospital chains, nursing home chains, and a variety of other provider entities.