J. Taylor Chenery
Taylor Chenery centers his practice on government compliance and investigations and related litigation, focusing on issues of healthcare fraud and abuse. He has significant experience representing a wide variety of healthcare clients in responding to governmental investigations and defending False Claims Act lawsuits. Taylor also has significant experience in complex commercial litigation matters, ranging from class action lawsuits to private arbitrations.
Memberships
Nashville Bar Association — Federal Courts Committee
Tennessee Bar Association
American Health Law Association (AHLA) — Fraud and Abuse Enforcement Committee
Representative Experience
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Representation of Life Sciences Company Fagron Holding USA LLC
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Lead counsel representing nonprofit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by the Department of Justice (DOJ), we obtained dismissal of the case from the district court on grounds that relator did not plead his claims with requisite specificity. U.S. ex rel. Benaissa v. Trinity Health, 2018 WL 6843624 (D.N.D. Dec. 31, 2018). And we successfully obtained affirmance of the dismissal from the Court of Appeals. U.S. ex rel. Benaissa v. Trinity Health, 2020 WL 3455795 (8th Cir. 2020).
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Represented CenseoHealth in its sale to New Mountain Capital
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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
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Representation of hospice provider in intervened FCA action pending in Eastern District of Tennessee based on allegations that hospice services provided not medically necessary
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Represented 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.)
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Lead counsel representing senior living companies in qui tam lawsuit alleging defendants fraudulently billed Medicare for home health services. District court dismissed lawsuit on the grounds that the alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s 2016 Escobar decision. U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc., 265 F. Supp. 3d 782 (M.D. Tenn. 2017)
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Representation of hospital in DOJ/HHS-OIG investigation of physician relationships, resulting in declination of intervention by the government and district court’s dismissal of relator’s FCA claims
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Lead counsel representing Erlanger Medical Center in DOJ/HHS-OIG investigation arising from qui tam lawsuit alleging violations of Anti-Kickback Statute, Stark Law, and Corporate Integrity Agreement. After government declined intervention in case, federal district court ruled that relator’s claims were barred by the public disclosure bar. Reported decisions: U.S. ex rel. Stratienko v. Chattanooga-Hamilton County Hosp. Auth., 958 F. Supp. 2d 846 (E.D. Tenn. 2013) & U.S. ex rel. Stratienko v. Chattanooga-Hamilton County Hosp. Auth., 2014 WL 7912981 (E.D. Tenn. Mar. 28, 2014)
Publications
Past Events
Media Mentions & Firm News
Accolades
Mid-South Super Lawyers “Rising Star” (2017-2019)
Emory Law Journal — Notes and Comments Editor
Law Clerk to Hon. Samuel H. Mays, Jr., U.S. District Court for the Western District of Tennessee (2008-2009)
Emory Class of 2008 Charles E. Watkins Scholarship recipient
