SRG Publications

Scott Grubman Publications

• Who Should Guard the Attorney-Client Privilege When Documents Are Seized by Law Enforcement? Georgia Bar Journal, March 2023 (with Don Samuel)
• CMS Proposes a Significant Change to Overpayment Refund Rules (AHLA Health Law Weekly, Jan. 2023)
• Eighth Circuit Issues Significant Decision in False Claims Act Case Predicated Upon Alleged Kickbacks (AHLA Health Law Weekly, August 2022)
• The Government Giveth and the Government Taketh Away: Government Enforcement and Electronic Health Records (HCCA Compliance Today, July 2022)
• New Technology, Same Concerns:  Increased Government Scrutiny Related to Telehealth (AHLA Fraud & Abuse Bulletin May 2022)
• Bipartisan Group of Senators Introduce Bill to Amend the False Claims Act (AHLA Weekly August 2021)
• Reading the Tea Leaves: False Claims Act Enforcement under the Biden-Harris Administration (ABA Health Law Section)
• Eleventh Circuit Holds that the Government Need Not Prove a Payee’s Motivation for Accepting a Payment Under the Anti-Kickback Statute (ABA Health Law Section)
• OIG Warns of Risks Associated with Speaker Programs (AHLA Weekly)
• Hospice Providers Remain Squarely in Government’s Enforcement Crosshairs (ABA, Health Law Section Vol 32, No.6)
• Reining in the Anti-Kickback Statute? Commission-Based Payments and the Relevant Decisionmaker Test (AHLA)
• Mask-Wearing Prosecution Witnesses May Face Roadblocks (Law360)
• HHS’ “No Strings Attached” Emergency Fund for Health Care Providers Comes with a lot of Strings (AHLA)
• Parallel Proceedings – GA Bar Journal -Feb 2020
• First Publicly-Disclosed Prosecution Under EKRA-AHLA
• Eleventh Circuit Reverses District Court’s Summary Judgment Order in AseraCare While Simultaneously Adopting Defense-Friendly View of FCA Falsity (AHLA Weekly)
• United States Supreme Court Set To Resolve Circuit Split Regarding False Claims Act Limitations Period (ABA Health Law Section vol. 31, No. 3)
• “Rational Relationship” or “Unfettered Discretion”? The Government’s Authority to Dismiss a False Claims Act Qui Tam Action (AHLA)
• Top Government Enforcement Priorities in the Health Care Space (Journal of Health Care Compliance)
• Department of Justice Continues Enforcement Against Electronic Health Record Vendor (ABA eSource)
• United States Supreme Court Set to Resolve Circuit Split Regarding False Claims Act Limitations Period (ABA Health Lawyers)
• New Federal Kickback Statute Has Potential to Upend Sales and Marketing Payment Structure for Clinical Labs, Recovery Homes, and Treatment Facilities (AHLA)
• The New “War on Drugs”: The Government’s Continued Enforcement Focus on Opioid Prescribing and Distribution (The Georgia Defender)
• Third Circuit Rejects District Court’s Application of FCA’s Public Disclosure Bar, Reviving Relator’s Qui Tam Action (AHLA)
• Compounding Pharmacy Pricing Drives $1.2M False Claims Pact (Bloomberg Law)
• Eleventh Circuit Revives False Claims Act Qui Tam, Adding to Circuit Split on Statute of Limitations Issue (AHLA PG Alert) (Grubman)
• The Department of Justice’s Evaluation of Corporate Compliance Programs (ABA Criminal Justice Magazine)
• Bipartisan Budget Bill Increases Civil Monetary Penalties for Health Care Fraud (AHLA PG Alert)
• The top government enforcement priorities in healthcare: View from the trenches (HCCA Compliance Today, Feb 2018)
• DOJ Memo Makes It Easier for Government to Dismiss Meritless False Claims Act Qui Tam Cases (AHLA PG Alert)
• From Epidemic to Crackdown: The Government’s Fight Against Opioid Fraud and Abuse (State Bar Health Law Section Newsletter, Winter 2018)
• Government Steps Up Fight Against Opioid Epidemic Through Fraud and Abuse Enforcement (ABA Health eSource August 2017)
• Federal Court Interprets Revised Writing Requirements to Stark Law Exceptions (ABA Health eSource Vol. 13 No. 9)
• Buyers Beware: The Drug Supply Chain Security Act and the False Claims Act (AHLA Fraud & Abuse Newsletter)
• The “Advice-of-Counsel” Defense: Cautionary Tales for Counsel in False Claims Act Cases (AHLA Weekly)
• Clinical Laboratories Beware: A Summary of the OIG’s Unfavorable Advisory Opinion 16-12 (ABA Health eSource Vol. 16, No. 3)
• The Use of Self-Critical Material as Adverse Evidence: Can Privilege Protect Against a Hobson’s Choice? (American Health Lawyers Association Journal – February 2017)
• A Matter of Opinions: The Medicare Hospice Benefit and the Standard of Objective Falsity Under the FCA (AHLA PALS Advisor)
• Something Ventured: The Continued Scrutiny of ASC-Anesthesia Joint Ventures (ABA Health eSource)
• HHS Issues Proposed Rule to Amend Medicaid Fraud Control Unit Regulations (AHLA Weekly)
• Civil Monetary Penalties, Representing Hospitals and Hospital Systems (AHLA)
• The “Yates Era” In Full Force: The DOJ Fully Implements Yates Memo (ABA Criminal Justice Magazine)

• Resolving the Split(s): The FCA’s Implied Certification Theory and the Escobar Case (AHLA Fraud & Abuse)
• The Providers Strike Back: The Continued Backlog of Medicare Appeals and the Availability of Injunctive Relief (AHLA Health Care Liability & Litigation)
• Compounding the Problem: The Government Cracks Down on Compounding Pharmacy Fraud and Abuse (ABA Health eSource) (reprinted in Chicago Medicine Magazine, May 2016)
• The Increased Privatization of the False Claims Act (State Bar of Georgia, Health Law Developments)
• The New Era of Individual Responsibility in Health Care Fraud and Abuse (AHLA, Executive Summary)
• CMS implements important changes to Stark and incident-to regulations (HCCA’s Compliance Today)
• Going Up: The Impending Increase in Health Care Fraud Penalties (AHLA Weekly)
• Unsweet Revenge: Whistleblower Protection Under the False Claims Act (ABA Health Lawyer)
• The 60-Day Rule and the Healthfirst Case (AHLA, Member Briefing)
• Unclear Liability: FCA Knowledge and Regulatory Ambiguity (AHLA Weekly)
• SCOTUS “Splits the Baby” in False Claims Act Decision (AHLA Weekly)
• Testimony on Fighting Health Fraud Tells of Digital Tools (Law 360)
• The False Claims Act: It’s More Than Just Healthcare (Georgia Defense Lawyers Association Law Journal)
• Fighting Back: Asserting Counterclaims Against False Claims Act Relators (ABA Health Lawyer)
• Playing Hot Potato with Overpayments: Healthcare Providers Must Act Quickly to Refund Overpayments or Risk FCA Liability (AHLA Connections)
• Spilling the Beans: When a False Claim Act Defendant’s Actions Trigger the FCA’s Public Disclosure Bar (AHLA, Fraud and Abuse)
• 2015 Top Ten Issues In Health Law – Fraud and Abuse Section (AHLA Connections)
• If the Shoe Doesn’t Fit: Stark’s Self-Referral Prohibition and Medicaid Claims (AHLA Journal of Health & Life Science Law)
• The Worthless Services Theory of FCA Liability: The Fine Line Between FCA Liability and the Federalization of Medical Malpractice (AHLA, Healthcare Liability & Litigation)
• Stark’s Self-Referral Prohibition and Medicaid Claims (Georgia Health Law Developments)
• Here Comes the Sun: How the Impending Data Release Under the Sunshine Act Might Affect False Claims Act Qui Tam Filings (ABA Health eSource)
• CMS Payment Data Website May Stop Some FCA Claims (Law360)
• OIG’s Proposal to Expand Civil Monetary Penalties Law (AHLA Connections)
• OIG’s Proposal to Expand Exclusion Authority (ABA Health eSource)
• False Claims Act Physician Supervision Cases on the Rise (ABA Health Lawyer)
• No End in Sight: False Claims Act Tolling the War on Terror (AHLA Weekly)
• State Entities and the False Claims Act (ABA Health eSource)
• FCA Claimants Closely Watching SCOTUS for Direction on Rule 9(b) (Law360)
• What a Relief? The Availability of Habeas Relief Under the Savings Clause of Section 2255 of the AEDPA (South Carolina Law Review)
• I Want My (Immigration) Lawyer! The Necessity of Court-Appointed Immigration Counsel in Criminal Prosecutions After Padilla v. Kentucky (Nevada Law Journal)
• Bark with no bite: how the inevitable discovery rule is undermining the Supreme Court’s decision in Arizona v. Gant (The Journal of Criminal Law & Criminology)
• Web 2.0 Crashed Through the Courthouse Door: Legal and Ethical Issues Related to the Discoverability and Admissibility of Social Networking Evidence (Rutgers Computer and Technology Journal)
• Think Twice Before You Type: Blogging Your Way to Unemployment (Georgia Law Review)