Ranked in 1 Practice Areas
U

Up and Coming

Healthcare

Massachusetts

2 Years Ranked

About

Provided by David Quinn Gacioch

USA

Practice Areas

Partner Dave Gacioch focuses his practice on healthcare litigation and enforcement defense. Dave counsels hospitals, health systems, physician practices, and other providers, along with payors, private equity sponsors, pharmaceutical and medical device manufacturers, and others involved in the US healthcare system, on compliance and risk mitigation issues. He conducts internal investigations for clients, and represents them in government investigations, enforcement actions, and civil and criminal litigation.

Dave works closely with McDermott’s best-in-class Health Industry Advisory team to provide litigation and enforcement defense representation informed by leading-edge thinking on complex healthcare regulatory issues. As a recent example, Dave is partnering with an expert healthcare regulatory team to counsel clients on their approaches to the many new federal and state funding programs, and other changes in law and regulation, occasioned by the COVID-19/coronavirus public health emergency—including the Provider Relief Fund and accelerated/advance Medicare payments. The team’s work is designed to maximize clients’ ability to participate in appropriate programs, while mitigating downstream audit, enforcement, and litigation risks.

Dave is one of the leading lawyers in the United States in the area of responding to HHS-OCR investigations, whether based upon HIPAA or upon conscience and religious freedom laws, and negotiating favorable resolutions when such investigations result in allegations of non-compliance by covered entities or business associates.

View more at: https://www.mwe.com/people/gacioch-david-quinn/

Work Highlights

Successfully defending the first private healthcare provider against which HHS-OCR tried to take enforcement action over employee conscience and religious freedom issues

Securing dismissal of a payor/Medicare Advantage organization client from a qui tam False Claims Act case

Convincing US Attorney’s Offices not to intervene or otherwise pursue healthcare provider and life sciences clients in multiple False Claims Act investigations

Representing a leading global healthcare company in responding to and successfully resolving a four-year multifaceted federal investigation into alleged kickbacks to patient referral sources and false claims for reimbursement, along with parallel civil qui tam action under the False Claims Act

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