J. Taylor Chenery

Representative Experience

• Successful Defense of Home Health Agency in OIG-OAS Audit

  We successfully defended a regional home health agency in a responding to an audit conducted by the Office of Audit Services of the Health and Human Services’ Office of Inspector General (OIG-OAS) and appealing the results recommended in the OIG-OAS final report. Our representation resulted in a reduction of the multi-million dollar overpayment in the OIG-OAS final report by 30 percent and recoupment to less than $10,000.

  We successfully defended a regional home health agency in a responding to an audit conducted by the Office of Audit...
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  Client Type: Private Company
• Representation of Hospitals in EMTALA Self-Reporting Matters

  We have successfully represented several hospitals in making self-reports of potential violations of the Emergency Medical Treatment and Labor Act (EMTALA). After consideration of the self-reports, the Centers for Medicare & Medicaid (CMS) ,  Successful Defense of Home Health Agency in OIG-OAS Audit

  We have successfully represented several hospitals in making self-reports of potential violations of the Emergency Medical Treatment and Labor Act...
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  Client Type: Public Company
• Successful Defense of Home Health Agency in OIG-OAS Audit

  We successfully defended a home health agency in a responding to an audit conducted by the Office of Audit Services of the Health and Human Services’ Office of Inspector General (OIG-OAS) and appealing the results recommended in the OIG-OAS final report. Our representation resulted in a reduction of the original overpayment in the OIG-OAS final report from over $7 million to $79,000 on appeal.

  We successfully defended a home health agency in a responding to an audit conducted by the Office of Audit Services...
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  Client Type: Private Company
• Representation of Long-Term Care Pharmacy: U.S. ex rel. McClain v. Nutritional Support Services (D.S.C.)
  We served as lead counsel representing a long-term care pharmacy in connection with a qui tam lawsuit alleging violations of...
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  Client Type: Private Company
• Representation of Life Sciences Company Fagron Holding USA LLC

  Representation of Life Sciences Company Fagron Holding USA LLC

  We served as lead counsel representing a national pharmaceutical ingredient supplier and its wholly-owned subsidiaries in an investigation of alleged...
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  Client Type: Private Company
• U.S. ex rel. Benaissa v. Trinity Health

  Representation of non-profit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by the DOJ, we obtained dismissal from the district court on the grounds that relator did not plead his claims with requisite specificity, and the Eighth Circuit upheld that dismissal.  U.S. ex rel. Benaissa v. Trinity Health, 963 F. 3d 733 (8th Cir. 2020).

  We served as lead counsel representing nonprofit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated...
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• CenseoHealth Sold to New Mountain Capital

  Represented CenseoHealth in its sale to New Mountain Capital

  We represented CenseoHealth in its sale to New Mountain Capital. The transaction closed in December 2017 and terms of the...
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  Client Type: Private Company
• Disclosure Counsel for Audit Committee of Board of Directors of Bank of America

  Engaged in 2010 to serve as independent disclosure counsel to the Audit Committee of the Board of Directors of Bank of America pursuant to a settlement order entered into by Bank of America and the SEC

  We were engaged in 2010 to serve as independent disclosure counsel to the Audit Committee of the Board of Directors...
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  Client Type: Public Company
• Representation of Hospice Company: U.S. ex rel. Hinkle v. Caris Healthcare, LP (E.D. Tenn.)

  Representation of hospice provider in intervened FCA action pending in Eastern District of Tennessee based on allegations that hospice services provided not medically necessary

  We served as lead counsel representing a multi-state hospice provider in an investigation of alleged False Claims Act (FCA) violations...
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• U.S. ex rel. Ramsey v. Censeo Health, L.L.C.

  Representation of Medicare Advantage service provider in qui tam alleging that defendants caused inflation of risk adjustment scores. U.S. ex rel. Ramsey v. Censeo Health, L.L.C., No. 3:14-cv-118 (N.D. Tex.)

  We represented Medicare Advantage service provider in qui tam alleging that defendants caused the inflation of risk adjustment scores. U.S....
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