We represented an Ohio hospital that disclosed information about improper financial relationships with referring physicians in response to claims of violating the False Claims Act, the Anti-Kickback Statute and the Stark Statute. We negotiated a settlement with the Department of Justice, the Office of the Inspector General and the Ohio Attorney General (collectively “Government”). During the negotiations, our client disclosed that some of their arrangements with physicians violated the federal Anti-Kickback Statute because they did not meet the requirements of the relevant safe harbors. Criminal charges against our client were declined, and we worked to address the civil and administrative issues to provide a global resolution. After further negotiations with the Government, the matter was settled for an amount that was agreeable to our client.

We counseled a client who received complaints regarding a physician. The hospital was required to proceed according to its Medical Staff Bylaws, including holding a hearing before a peer review hearing committee. We counseled the hospital throughout the process, ensuring compliance with the Health Care Quality Improvement Act, state licensure and reporting regulations, and the Medical Staff Bylaws. Any violations during the peer review process could have resulted in the hospital and participating reviewing physicians losing civil immunities and facing potential liability. The hospital completed the hearing and peer review process with no compliance difficulties.

We represented a client seeking a Certificate of Need to place 150 mental health beds, with a total capital expenditure exceeding $40 million, in a vacant facility formerly owned by United Hospital Center. The Certificate was granted, but then appealed by a competitor, who raised issues of financial feasibility, necessity of the project and compliance with the state health plan. The competitor alleged that it was denied due process. The matter was appealed to the Office of Judges, an administrative appeal body, and our client’s Certificate was upheld.

We worked to secure a sponsor for the bill, presented research and testimony on behalf of the Coalition, and negotiated policy within the legislation. The legislation was passed, providing a victory for our client in their efforts to protect consumers and their products.

With our assistance, multiple bills have passed that expedite the foreclosure process and provide more authority for cities to address or maintain properties that have gone into foreclosure.  We coordinate the efforts and missions of the client — as well as promote bill passage through testifying at committee hearings, lobbying legislators and providing research and analysis regarding the impact of the bills.

We advised the committee on a variety of issues, including forming a Super PAC, as well as compliance with laws relating to fundraising, expenditures and advertising. We registered the client with the Federal Election commission, managed their campaign-finance disclosure reports and handled media contacts.