• vcard
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
  • Court Admissions
    • U.S. District Court, Northern District of Illinois, 2009
    • U.S. Court of Appeals, Tenth Circuit, 2017
Asher Funk’s practice is dedicated to advising health care organizations about fraud and abuse, reimbursement, and regulatory compliance matters. His clients span the health care industry and include hospitals and health systems, post-acute providers, pharmacies and durable medical equipment suppliers.   

Asher routinely defends health care 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. 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.
 
  • Defended large for-profit 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).
  • Represented a Kentucky non-profit hospital during a $16.5 million settlement with the DOJ concerning allegations of improper financial relationship between the hospital and a large cardiology group, and allegations of medically unnecessary interventional cardiology procedures.
  • Represented large for-profit skilled nursing and rehabilitation providers in an aggressive 5-year investigation pertaining to allegedly medically unnecessary occupational, physical, and speech therapy services. After successfully persuading the DOJ not to pursue criminal indictments, client was able to secure a civil False Claims Act settlement with DOJ and OIG for $8.3 million – a substantial decrease from the government’s initial offer.  
  • Represented three large non-profit health systems in connection with the DOJ’s nationwide investigation and settlement regarding Medicare coverage requirements and medical necessity for implantable cardioverter defibrillators (“ICDs”).
  • Represented a Tennessee hospital during an investigation by the DOJ concerning office space leases with referring physicians. Successfully persuaded the DOJ to decline intervention in the underlying False Claims Act lawsuit. 
  • Serve as outside general counsel to an Illinois durable medical equipment provider and compounding pharmacy.
  • Defended a Missouri hospice provider in litigation under the False Claims Act. After filing a motion to dismiss on Rule 9(b) and 12(b)(6) grounds, relator voluntarily dismissed 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 medically unnecessary cardiovascular procedures including stents, pacemakers, catheterizations, and diagnostic testing.
text icon Publications & Presentations
Author
October 2017
webinar Webinars
February 14, 2017
webinar Webinars
January 7, 2016
eAlerts Alerts
June 15, 2015
webinar Webinars
February 5, 2015
webinar Webinars
February 5, 2014
text icon Publications & Presentations
When Compliance and Quality of Care Collide
May 22, 2013
text icon Publications & Presentations
Uh Oh! Handling Overpayments
Webinar
May 15, 2013
text icon 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
text icon Publications & Presentations
When Trouble Comes Knocking: Handling Government Investigations
Polsinelli Shughart Business Law Institute
June 20, 2012
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