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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
  • Court Admissions
    • U.S. Court of Appeals, Third Circuit
    • U.S. Court of Appeals, Fifth Circuit
    • U.S. Court of Appeals, Tenth Circuit, 2017
    • U.S. District Court, Northern District of Illinois, 2009
    • U.S. District Court, Southern District of Texas, 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.
 

Disputes and Litigation

  • 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. 
  • Defended an Illinois non-profit health system, academic medical center and employed physician medical group, in a False Claims Act lawsuit that alleged improper billing for assistants-at-surgery in a teaching hospital. After successfully persuading the DOJ to decline intervention, obtained dismissal with prejudice of all relator’s claims. 
  • Defended Texas non-profit health system in a False Claims Act lawsuit alleging violations of the Anti-Kickback Statue based on the divesture of physician ownership in a regional hospital.  Obtained dismissal with prejudice of all relator’s claims.  
  • Defended one of the nation’s largest transportation providers in a False Claims Act lawsuit alleging improper billing for Medicaid-reimbursed school bus services. Obtained dismissal with prejudice of all relator’s claims. 

Settlements and Resolutions

  • Represented a multi-hospital non-profit 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 purported failure to provide financial assistance to indigent patients.  Secured favorable settlement well below the Attorney General’s initial demands. 
  • 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 a 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 for $8.3 million.  
  • 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, and settled on favorable terms with OIG and DOJ based on a prior-self disclosure. 
  • Represented a durable medical equipment provider facing potential civil monetary penalties for violating California Medicaid billing rules. Settlement successfully avoided the imposition sanctions, and preserved the provider’s Medicaid enrollment.

Compliance Matters and Regulatory Counseling 

  • Representation of numerous hospitals and health systems in connection with internal investigations regarding medically unnecessary cardiovascular procedures including stents, pacemakers, catheterizations, and diagnostic testing.
  • Representation of numerous health systems and hospitals during voluntary overpayment refunds to Medicare and State Medicaid programs and self-disclosures to the OIG.  
  • Serve as outside compliance counsel to an Illinois durable medical equipment provider and compounding pharmacy.
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