Arent Fox
ATTORNEY BIO
David S. Greenberg

David S. Greenberg
November 11, 2011
  • Associate
  • Washington, DC
202.775.5756
david.greenberg@arentfox.com

David Greenberg is a senior associate in Arent Fox’s national Health Care practice, advising health care companies, including providers and suppliers, through an exceedingly complex and volatile regulatory environment.

David focuses his practice on counseling clients on regulatory issues related to state licensure, fraud and abuse, reimbursement and payment, and participation in Medicare, Medicaid, and other governmental health care programs. He is experienced in analyzing risk exposure related to the False Claims Act, overpayment liability, the Anti-Kickback Act, self-disclosure protocols, the Stark Laws, HIPAA, and representing health care companies’ interests in state and federal audits, enforcement actions, investigations, and litigation.

Additionally, David represents health care providers embroiled in significant reimbursement disputes and litigation with managed care companies, health insurers, third-party administrators, FEHB plans, and employer-sponsored health plans concerning compliance with ERISA, COBRA, the Medicare Secondary Payer Act, the FEHB Act, and state insurance laws.

Client Work

David has represented dialysis corporations, home health providers, ambulatory surgery centers, pharmaceutical companies, hospices, hospitals, and long-term care providers. His recent work has included:

  • Counseling a national home health company on regulatory, reimbursement, and compliance matters related to its participation in state Medicaid programs.
  • Representing a national dialysis chain in multimillion dollar reimbursement disputes with various health insurers and health and welfare plans.
  • Representing an ambulatory surgery center in a significant reimbursement dispute with a health insurer.
  • Conducting internal investigations on behalf of multiple skilled nursing facility chains.
  • Representing a dialysis corporation in an intervened False Claims Act suit.
  • Representing a national hospice company in False Claims Act litigation.
  • Handling multimillion dollar self-disclosures of overpayment liability to state Medicaid programs on behalf of a national home care company.
  • Responding to Medicare and Medicaid audits.
  • Counseling a nonprofit community health organization on HIPAA, privacy and contracting issues.
  • Acting as outside general counsel to a startup, health care technology company.

Previous Work

Prior to joining Arent Fox, David was an associate in the DC office of a leading national law firm where he specialized in antitrust and health care litigation. While at that firm, he litigated complex cases in state and federal court involving health insurers, innovator pharmaceutical companies, generic pharmaceutical companies, and pharmacy benefit managers.

Upon completion of law school, David worked as an attorney for the Civil Division of the United States Department of Justice (DOJ). While at DOJ, he was a member of the small team of lawyers responsible for administering the federal September 11, 2001, Victim Compensation Fund.

Professional Activities

David is a member of the American Health Lawyers Association.

Publications, Presentations and Recognitions

David publishes frequently on issues pertaining to the health care industry, particularly on the False Claims Act and health care litigation.

While in law school, David was an articles editor and on the executive board for the ABA publication, The Business Lawyer.

David’s publications include:

  •  “The False Claims Act Amendments: The Curious Conundrum of Retroactivity,” The Health Lawyer, v. 22, No. 5, June 10, 2010
  • “The False Claims Act: Recent Amendments and their Implications for Higher Education,” NACUANOTES, v. 8, No. 8, April 16, 2010
  • “Two Pending False Claims Act Cases Highlight Government Theory that Failure to Comply with DME Supplier Standards Renders Medicare Claims False,” Arent Fox Legal Alert, December 22, 2009
  •  “Tenth Circuit Decision Raises Doubts About False Claims Act Liability Predicated on Provider’s Certifications of Compliance in Annual Cost Reports,” Arent Fox Legal Alert, November 2, 2009
  •  “Legal Actions Against Commercial Insurers For Improper Manipulation Of Out-Of-Network Reimbursement Rates to Impact Healthcare Providers,” Health Lawyers Weekly, February 2009.

Life Beyond the Law

When David is not working, he likes to escape DC for the mountains and lakes of northern New Hampshire with his wife and two kids. He also maintains an unhealthy allegiance to DC’s longsuffering sports teams (although the Nationals have offered him a bit of relief recently).

Bar and Court Admissions

  • District of Columbia Bar
  • Maryland Bar

Education

University of Maryland School of Law
, JD
Colgate University
, BA
  ( with honors )

Practices

  • ERISA
  • Health Care
  • White Collar & Investigations

Industries

  • Long Term Care & Senior Living

Areas of Focus

  • Compliance
  • Compliance Program Development & Counseling
  • ERISA Litigation
  • False Claims Act
  • False Claims Act & Related Litigation (Qui Tam)
  • Fraud & Abuse Compliance
  • Government Investigations
  • Government Investigations, Search Warrants & Subpoenas
  • Health Care Investigations
  • HIPAA / Health Privacy & Security
  • Litigation
  • Litigation & Alternative Dispute Resolution
  • Managed Care
  • Regulatory
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
T202.857.6000 F202.857.6395
1675 Broadway
New York, NY 10019-5820
T212.484.3900F212.484.3990
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013-1065
T213.629.7400F213.629.7401
www.arentfox.com