Former HHS OIG Senior Counsel Joins Polsinelli’s National Health Care Litigation Practice
Polsinelli is pleased to announce that Benjamin Wallfisch has joined the firm’s Health Care Litigation and Government Investigations practices as a shareholder in the firm’s Washington, D.C., and Denver offices. Wallfisch joins Polsinelli from the Office of Counsel to the Inspector General (OIG) at the U.S. Department of Health and Human Services (HHS), where he held roles in both the Industry Guidance Branch and Administrative and Civil Remedies Branch.
The addition of Wallfisch builds on the firm’s momentum of government hiring, following the recent arrival of former FDA attorney Claire Davies. It also further deepens the firm’s Health Care Litigation Practice, following the addition of health care litigators Kevin T. Elkins and Richard C. Rose as well as a payor disputes team in Charleston over the last year.
Over almost six years at OIG, Wallfisch provided legal analysis and advice on key fraud and abuse laws impacting the health care industry, including the Federal Anti-Kickback Statute, the Physician Self-Referral Law and the False Claims Act. In the Industry Guidance Branch, Wallfisch authored and contributed to numerous advisory opinions, industry guidance documents, policy statements and other interpretive guidance. He was also a member of the team that authored new Anti-Kickback Statute safe harbor regulations issued as part of the Regulatory Sprint to Coordinated Care.
In the Administrative and Civil Remedies Branch, Wallfisch worked closely with the Department of Justice (DOJ) to investigate and evaluate a wide variety of health care fraud cases. He also negotiated OIG integrity obligations as part of False Claims Act settlements and resolved self-disclosures submitted under OIG’s Health Care Fraud Self-Disclosure Protocol.
“Having someone with firsthand experience inside the OIG is incredibly valuable in today’s enforcement climate, particularly in light of the recent announcement of a DOJ–HHS False Claims Act Working Group,” said Sherri T. Alexander, Chair of Polsinelli’s Health Care Litigation Practice. “Ben’s deep understanding of government enforcement priorities, particularly regarding False Claims Act investigations and litigation, gives our clients and team a unique perspective that is critical for anticipating challenges and crafting effective litigation strategies. His arrival complements our deep bench of former DOJ attorneys with extensive experience representing health care clients, and we are excited to welcome him.”
“I am thrilled to join an exceptional team of attorneys with impressive depth and breadth of experience across the health care industry,” said Wallfisch. “As OIG continues its once-in-a-generation overhaul of key compliance guidance documents, and with DOJ’s sustained focus on health care fraud, I am eager to partner with Polsinelli’s health care team and provide critical insights to help clients navigate emerging compliance and enforcement challenges.”
Wallfisch is a frequent speaker on health care fraud and abuse topics at national legal and compliance conferences. Prior to his government service, Wallfisch spent more than a decade in private practice, representing major health care clients in internal investigations, False Claims Act litigation and regulatory compliance matters. He advised hospital systems, academic medical centers, pharmaceutical and device manufacturers and emerging biotech companies on high-stakes enforcement and fraud and abuse issues.
Wallfisch earned his J.D. from the University of Texas School of Law and his B.A. from the University of Pennsylvania.