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D 312.873.3635
F 312.602.3919
  • Education
    • J.D., Northeastern University School of Law-Boston, 2007
    • B.A., University of Michigan, 2004, Psychology
Asher Funk’s practice is dedicated to advising health care organizations about fraud and abuse, reimbursement, and regulatory compliance matters. He routinely defends health systems, hospitals, hospice care centers, skilled nursing facilities, and dialysis providers facing investigations and government enforcement actions under the False Claims Act. Asher has assisted clients in avoiding intervention by the Department Justice, obtaining dismissal of qui tam lawsuits during litigation, and when necessary, guiding clients in reaching settlements with the government.   
  
Based on his desire to help clients avoid an investigation or litigation prior to initiation, Asher provides comprehensive advice to clients regarding compliance with the Stark Law, Anti-Kickback Statute, OIG Civil Monetary Penalties Law, and legal issues related to quality of care, medical necessity, billing, and reimbursement. To this end, a substantial portion of Asher’s practice is dedicated to assisting health care organizations with self-disclosures to Medicare contractors, the HHS/OIG, CMS, and the Department of Justice.     

Prior to joining Polsinelli, Asher gained experience with False Claims Act litigation through his representation of whistleblowers in qui tam cases involving Medicare, Medicaid, federal grant, and government contracts fraud. This experience allows him to provide clients with unique perspective when navigating the complex issues that frequently arise in False Claims Act cases.
  • Represented Missouri skilled nursing provider during district court and appellate proceedings in a False Claims Act lawsuit alleging violations of the Anti-Kickback Statute. Successfully obtained dismissal of relator’s complaint based on the False Claims Act’s public disclosure bar. United States ex rel. Bogina v. Medline Indus., Inc., No. 11 C 05373, 2015 WL 1396190 (N.D. Ill. Mar. 24, 2015), aff'd sub nom. U.S. ex rel. Bogina v. Medline Indus., Inc., 809 F.3d 365 (7th Cir. 2016).
  • Representation of three multi-hospital health systems in connection with the Department of Justice’s investigation regarding Medicare coverage requirements and medical necessity of implantable cardioverter defibrillators (“ICDs”).
  • Represented a Kentucky hospital during a $16.5 million settlement with the Department of Justice concerning allegations of improper financial relationship between the hospital and a large cardiology group, and allegations of medically unnecessary interventional cardiology procedures.
  • Represented a Tennessee hospital during an investigation by the Department of Justice concerning office space leases with referring physicians. Successfully persuaded the Department of Justice to decline intervention in the underlying False Claims Act lawsuit. 
  • Served as outside general counsel to an Illinois durable medical equipment provider serving patients nationwide.
  • Defended a Missouri hospice provider in a False Claims Act lawsuit brought by a former employee. Based on the Hospice provider’s motion to dismiss, Relator agreed to voluntary dismissal of the complaint.
  • Obtained favorable resolution on behalf of a dialysis provider during a multi-million dollar Medicaid audit and overpayment recoupment action. 
  • Represented a durable medical equipment provider facing potential civil monetary penalties for violating Medicaid billing rules. Settlement successfully avoided the imposition sanctions, and preserved the provider’s Medicaid enrollment.
  • Representation of numerous hospitals and health systems in connection with internal investigations regarding allegedly medically unnecessary cardiovascular procedures including stents, pacemakers, catheterizations, and diagnostic testing.
webinar Webinars
January 7, 2016
eAlerts Alerts
June 15, 2015
webinar Webinars
February 5, 2015
webinar Webinars
February 5, 2014
Publications & Presentations
When Compliance and Quality of Care Collide
May 22, 2013
Publications & Presentations
Uh Oh! Handling Overpayments
Webinar
May 15, 2013
Publications & Presentations
Attorney-Client Privilege ‘Bombshell’ Take Center Stage in Halifax Stark Case
The Report on Medicare Compliance. Vol. 22 No. 17
Asher Funk was quoted in this publication.
May 13, 2013
Publications & Presentations
When Trouble Comes Knocking: Handling Government Investigations
Polsinelli Shughart Business Law Institute
June 20, 2012
Publications & Presentations
February 14, 2012
Publications & Presentations
How to Deal with Whistleblowers and Managing the Internal Investigation
Chicago Chapter of the Association of Corporate Counsel
February 9, 2012