• 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. Court of Appeals, Third Circuit
    • U.S. Court of Appeals, Fifth Circuit
    • U.S. Court of Appeals, Tenth Circuit
    • U.S. District Court, Northern District of Illinois
    • U.S. District Court, Southern District of Texas

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 and long-term care 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 assists clients in avoiding intervention by the Department of Justice, obtaining dismissal of qui tam lawsuits during litigation, and when necessary, guiding clients in reaching settlements with the government.

Asher also 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.

Before joining Polsinelli, Asher represented whistleblowers in False Claims Act cases involving Medicare, Medicaid, federal grant, and government contracts fraud. This experience (working on the other side) allows Asher to provide clients with important perspective when navigating the complex issues that frequently arise in False Claims Act cases.

 


 

Disputes and Litigation

  • Won dismissal of qui tam lawsuit alleging a large health system violated the Anti-Kickback Statue based on payments made to doctors during the divesture of a physician-owned hospital.
  • Won dismissal of qui tam lawsuit - based on the False Claims Act’s (FCA) public disclosure bar – alleging a large skilled nursing provider violated the Anti-Kickback Statute.
  • Won dismissal of qui tam lawsuit alleging an academic medical center and employed physician medical group improperly billed for assistant-at-surgery services in a teaching hospital.
  • Won dismissal of qui tam lawsuit alleging one of the nation’s largest transportation providers submitted false claims for Medicaid-reimbursed school bus services.
  • Secured declinations from the Department of Justice in a wide range of qui tam lawsuits alleging violations of the Anti-Kickback Statute and Stark Law, improper billing, and reimbursement for medically unnecessary services.

Settlements and Resolutions

  • Lead counsel for a large health system in connection with a first-of-its-kind lawsuit by the Washington State Attorney General’s Office alleging violations of the Consumer Protection Act based on the failure to provide financial assistance to low-income patients.  Secured favorable settlement on behalf of client.
  • Represented hospital-based specialty pharmacy during a $10.1 million FCA settlement concerning allegations of improper billing for Medicare Part B drugs and the wavier or reduction of co-payments.
  • Represented non-profit hospital during a $16.5 million FCA settlement concerning allegations of medically unnecessary interventional cardiology procedures and improper financial relationships with referring physicians.
  • Represented large hospital system during an $8 million FCA settlement concerning allegations of medically unnecessary cardiology procedures.
  • Represented skilled nursing and rehabilitation providers during an $8.3 million FCA settlement concerning allegedly medically unnecessary occupational, physical, and speech therapy services. Successfully persuaded the Department of Justice not to pursue criminal indictments.
  • Represented three large health systems – with more than 50 hospitals - during the Department of Justice’s nationwide investigation and settlement regarding Medicare coverage requirements and clinical indications for implantable cardioverter defibrillators (“ICDs”).
  • Achieved favorable resolution on behalf of durable medical equipment supplier facing potential RICO lawsuit from workers’ compensation and automotive insurer alleging fraudulent billing practices.
  • Investigated and settled allegations that a durable medical equipment supplier violated Medi-Cal billing rules. Settlement avoided the imposition sanctions, and preserved the provider’s Medicaid enrollment.
  • Negotiated numerous Corporate Integrity Agreements (“CIAs”) on behalf of hospital, behavioral health care and long-term care providers.

Compliance Matters and Regulatory Counseling

  • Conducted numerous internal investigations for hospitals and health systems regarding the performance of medically unnecessary procedures.
  • Investigated, prepared, and resolved voluntary overpayment refunds to Medicare and State Medicaid programs, and self-disclosures to the OIG.
  • Lead compliance counsel for a durable medical equipment supplier and compounding pharmacy.
  • Advise healthcare providers - including those backed by private equity investors – concerning deal structure and regulatory compliance matters.
 

 

 

 

 
eAlerts Updates
Co-Author
February 24, 2021
webinar Webinars
January 27, 2021
eAlerts Updates
Co-Author
January 21, 2021
text icon Publications & Presentations
Quoted, Behavioral Health Business
December 4, 2020
eAlerts Updates
November 24, 2020
eAlerts Updates
November 19, 2020
webinar Webinars
January 28, 2020
text icon Publications & Presentations
Quoted, Report on Medicare Compliance, Vol. 28, Number 43
December 9, 2019
eAlerts Updates
December 2019
text icon Publications & Presentations
January 29, 2019
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