June 15, 2015
The Polsinelli Health Care Services and Health Care Litigation practices have created an experienced, collaborative team including former federal prosecutors and health care industry attorneys to focus on client defense against the risks and liabilities stemming from enforcement of the federal False Claims Act.
“FCA enforcement is big business for both federal and state governments, and liability continues to dramatically increase as whistleblowers file suits at a record pace,” said Jonathan Rosen, a Polsinelli shareholder based in Washington D.C. “But by drawing on our firm’s health care industry experience and intimate knowledge of regulators’ practices and procedures, the Polsinelli team ensures that our client’s story is heard, heeded and respected.”

Polsinelli attorneys have represented health care providers, suppliers and manufacturers involved in alleged violations in every phase of qui tam proceedings under the FCA. The firm’s attorneys have seen success against criminal and civil prosecutors in trial, negotiated favorable outcomes to avoid licensure risks, and have assessed impacts on referral sources and patient care/management, as well as government or commercial payer exclusion.

“Our team has many members who come from the federal and state health care regulatory agencies, so we understand their perspectives and goals, and thus are able to respond appropriately for the benefit of our clients.” As former prosecutors, Rosen and McEvoy utilize their litigation and trial experience to lead the FCA team at Polsinelli.

Rosen, a former federal and state prosecutor with more than 100 trial wins, has argued numerous cases before the U.S. Court of Appeals for the District of Columbia. Currently, he is the Chair of the American Bar Association’s Health Care Fraud Subcommittee. Rosen focuses on a variety of fraud issues, business disputes and litigation, FCA defense, health care litigation, government investigations, civil and criminal compliance, internal investigations and more.

McEvoy was a former Health Care Fraud Coordinator at the United States Attorney’s Office, and currently focuses on white collar criminal defense handing health care fraud cases and other federal economic criminal matters at Polsinelli. His extensive trial experience includes civil and criminal health care fraud, mortgage fraud, securities fraud, government contracting and environmental and other civil and criminal regulatory matters. McEvoy’s service as a federal prosecutor received special commendation from the Department of Health and Human Services (HHS) by receiving the Inspector General’s Integrity Award for his work prosecuting Health Care Fraud matters.

Polsinelli’s group of attorneys servicing FCA defense draw from the firm’s nationally ranked Health Care Practice, and attorneys are positioned to defend health care companies against risks of FCA enforcement. This year, the firm was recognized as “Law Firm of the Year” in Health Care by U.S. News & World Report. Polsinelli is ranked No. 2 by The American Health Lawyers Association and No. 3 by Modern Healthcare for its health care services.