Health Litigation and Administrative Advocacy

Health care providers and companies involved in the health care industry face unique legal and business risks. Keeping pace with the business and regulatory challenges of health care in today's competitive environment is even more important in the fast-changing era of health care reform.

Robinson+Cole's Health Law Group offers a dedicated team of litigation lawyers with deep experience in health care-related litigation and disputes and a broad understanding of the health care industry. Our health litigation and administrative advocacy lawyers work with clients not only to achieve success in litigation but also to manage and reduce risk, and to meet our clients' business objectives. We represent health care entities in civil and criminal litigation, arbitration, administrative agency actions, and appeals.

Robinson+Cole's Health Law Litigation Team works with a broad spectrum of clients in the health care industry. Our clients include for-profit and nonprofit health care providers and hospital systems, home health agencies, nursing homes, pharmaceutical manufacturers and retail pharmacies, outpatient and imaging centers, assisted living facilities, and human services agencies. Our Health Law Litigation Team has experience in a broad array of litigation and regulatory matters, including commercial and class action litigation; state and federal government investigations; reimbursement and recoupment actions by government payors and contracted auditors; fraud, abuse, and whistleblower claims; data breach regulatory investigations and litigation; medical staff and credentialing disputes; and pharmaceutical market conduct litigation.

In representing the litigation and risk management needs of our health care clients, we have appeared in matters before state and federal courts, state Medicaid agencies, and state and federal regulatory and licensure agencies. We have also handled state and federal civil and criminal health care investigations conducted by state lawyers, general and Medicaid fraud units, the U.S. Attorney's office and Department of Justice, the Department of Health and Human Services' Office of Inspector General, and the FBI.

    • Experience
      • Represented one of Connecticut’s largest providers of home health services in connection with a multi-agency federal and state investigation into the company’s billing practices. Worked closely with the client to conduct an internal investigation of the agency’s billing processes to identify potential areas of exposure and to develop a comprehensive corporate compliance program. Successfully persuaded the United States Attorney’s Office not to pursue charges and to issue a formal declination letter.
      • Represented Connecticut hospital in connection with quality of care investigation by the Department of Public Health. Prepared and defended witnesses in interviews with state investigators, coordinated all aspects of compliance with document demands, and appeared in related individual licensure hearings on behalf of the hospital.
      • Represented emergency medical service corporation and principals in criminal investigation involving potential Medicare fraud. Avoided prosecution and termination of Medicare participation status through negotiated resolution of civil monetary penalties.
      • Represented a hospital network and behavioral health center in an investigation of billing practices brought by the Federal Bureau of Investigation and the Office of the Inspector General.
      • Represented hospital in claim by surgeon of wrongful termination of staff privileges. Defended case successfully through administrative hearings, trial and appeal to Connecticut Supreme Court, establishing legal standard of substantial compliance with bylaws hearing procedures.
      • Represented hospital in claim of wrongful failure to certify resident’s successful completion of surgical residency program. Defended case successfully through administrative hearings, trial and appeal, establishing legal standard rejecting educational malpractice claim and establishing hospital’s discretion to make professional competence determinations.
      • Regularly advise and represent hospitals in peer review matters and administrative proceedings under medical staff bylaws to terminate, reduce or suspend clinical privileges.
      • Regularly serve as counsel to hearing committees or as hearing officer in administrative proceedings under medical staff bylaws to terminate, reduce or suspend clinical privileges.
      • Defended hospital in class action case brought on behalf of deaf and hearing impaired community. Negotiated settlement with Connecticut Attorney General and United States Justice Department to improve systemwide access to health services for deaf and hearing impaired patients.
      • Ongoing representation of major pharmaceutical manufacturer in a lawsuit brought by the Connecticut Attorney General seeking recovery of Medicaid and Medicare payments made for certain pharmaceuticals.
      • Represented substance abuse treatment center before municipal land use commissions in defending against zoning enforcement actions. Obtained order from federal court allowing clients to continue making off campus housing available to their patients.
      • Ongoing representation of a physician-hospital organization and affiliated independent practitioner association in a multi-party medical malpractice lawsuit.
      • Defended hospital in class action litigation alleging violation of state statutes relating to medical records requests. Negotiated binding resolution of class action for nominal financial cost.
      • Represented state’s only freestanding children’s hospital in certificate of need proceedings involving relocation of hospital, construction of new facility and combination of fragmented regional pediatric care.
      • Represented hospital in certificate of need proceeding to secure major expansion of cardiac care to include open heart surgery and angioplasty.
      • Regularly appear before the Connecticut Office of Healthcare Access in connection with contested certificate of need matters, change in control, capital expenditures and other regulatory hearings.
      • Regularly advise and represent clients in administrative licensure investigations and proceedings before the Connecticut Department of Public Health. Experience includes negotiation of consent agreements, compliance audit counseling and adverse event investigations.
      • Regularly advise and represent clients in proceedings before the Connecticut Department of Social Services regarding financial audits, administrative sanctions and Title XIX appeals.
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    • News
      • November 7, 2016

        Robinson+Cole Lawyers Present Webinar on False Claims Act Liability Following Recent Supreme Court Case

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      • April 22, 2015

        Robinson+Cole Lawyers Present Update on Managed Care Litigation

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      • October 21, 2013

        Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

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      • June 30, 2012

        Theodore J. Tucci to Participate in the Metro Hartford Alliance’s Panel Discussion on the U.S. Supreme Court’s Ruling on Health Care Reform

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      • June 15, 2012

        Robinson & Cole Attorneys Win False Claims Act Cases

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      • June 7, 2012

        Chambers USA Ranks Robinson & Cole in Five Practices, Names 16 Attorneys as Leading Lawyers

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      • June 8, 2011

        Robinson & Cole Attorneys Present Webinar on Accountable Care Organizations (ACOs)

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      • May 14, 2010

        Robinson & Cole Attorney Speaks at Healthcare Reform Program

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      • August 13, 2008

        Robinson & Cole Attorneys Publish Article in Connecticut Medicine Magazine

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    • Publications + Presentations
    • "Escobar: Mitigating Risk of Implied Certification Liability Under the False Claims Act," co-presented by Theodore J. Tucci and Jean E. Tomasco, webinar, for a client in the specialty risk insurance industry (10/19/2016)
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      "Managed Care Litigation Update 2016," co-presented by Jean E. Tomasco and Theodore J. Tucci, a webinar for a firm client in the specialty risk insurance industry (3/30/2016)
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      "Managed Care Litigation Update 2015," co-presented by Theodore J. Tucci and Jean E. Tomasco, a webinar for a firm client in the specialty risk insurance industry (4/8/2015)
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      CMS Releases Final Sunshine Act Rule (03/12/2013)

      FTC Issues Favorable Advisory Opinion to Clinically Integrated PHO (02/28/2013)

      HIPAA Omnibus Rule Released (02/13/2013)

      CT DSS Issues Proposed Audit Regulations (10/18/2012)

      Health Law Pulse (06/01/2012)

      "ACO Liability and Risk Management Issues: The Managed Care Perspective," co-presented by Jean E. Tomasco, Theodore J. Tucci and Michael J. Kolosky, webinar (5/2011)

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