C&M Health Law

C&M Health Law

Analysis, commentary, and the latest developments in health care law and policy

David W. O'Brien

David W. O'Brien

David W. O’Brien has represented both corporations and individuals in complex civil and criminal cases in federal courts throughout the country. These cases have typically presented issues related to the construction and performance of contracts with a variety of governmental agencies including the Departments of Defense and Health and Human Services. Prior to entering private practice, David served as an Assistant Commonwealth Attorney in Virginia and was a frequent lecturer to law enforcement organizations. He formerly served as an adjunct professor at the American University. David is a member of the District of Columbia and Virginia bars. He is a 1975 graduate of the Georgetown University Law Center and received his undergraduate degree cum laude from the University of Notre Dame in 1972. Recently, he has defended several large health care clients in False Claims Act cases initiated by both the government and qui-tam relators. He has lectured on the use of the False Claims Act in the managed care setting before the American Health Lawyers Association. David has also counseled corporate clients on employment issues and defended several Title VII cases.

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Supreme Court To Take Up Implied Certification Theory of FCA Liability

Posted in Fraud, Waste & Abuse, Health Care Reform & ACA, Litigation
Last week, in a case that will have a significant impact on future False Claims Act (FCA) suits against health care entities, the Supreme Court granted certiorari in Universal Health Services, Inc. v. United States ex rel. Escobar.  By agreeing to hear the case, the Court will resolve the circuit split over the so-called “implied… Continue Reading

Settlement in FCA Qui Tam Case Disposes of Claims Alleging Falsely Certified Compliance with Medicare Advantage Rating Instructions

Posted in Fraud, Waste & Abuse, Litigation, Medicare
 After a protracted battle, Kaiser Foundation Health Plan, Inc. (Kaiser) recently settled a False Claims Act (FCA) qui tam case alleging that it falsely certified compliance with Medicare Advantage (MA) bidding instructions that relator claimed resulted in billions of dollars in damages to the United States. Crowell & Moring represented Kaiser in the litigation. Kaiser’s… Continue Reading