Arent Fox Represents North Broward Hospital District in High Profile False Claims Act Settlement
Leading Broward Health’s defense team were Arent Fox LLP Health Care partner Linda Baumann, a nationally recognized authority on the Stark Law and the Anti-kickback Statute, and Complex Litigation partner D. Jacques Smith, a leading False Claims Act litigator.
Broward Health is one of the 10 largest public health systems in the country. The investigation, which was based on a whistleblower lawsuit, alleged violations of the federal Stark Law and the False Claims Act. Damages in these types of cases can exceed tens of millions of dollars for a single physician. Broward Health received a subpoena that named 27 physicians and a group practice, while seeking related documents over a 10-year period. Ultimately, the case was resolved by a $69.5 million settlement involving nine physicians and a Corporate Integrity Agreement.
Ms. Baumann and Mr. Smith led a cross-disciplinary team from Arent Fox that included partner Randall A. Brater and associates Samuel C. Cohen, Hillary M. Stemple, and Brian D. Schneider.
Arent Fox has a team of veteran lawyers with deep experience in navigating the health care fraud and abuse laws, including the Stark Law and Anti-Kickback Statute, and litigating federal and state False Claims Acts cases, including qui tam or whistleblower provisions. The firm routinely handles FCA matters prosecuted by the Justice Department, US Attorney’s Offices, and state prosecutors. With decades of experience, the group frequently counsels clients through all phases and types of FCA cases, from internal investigation, through negotiation and settlement. In other matters, the focus may be on pre-litigation efforts aimed at having an impact on the government’s intervention decision, discovery, and trial work.