Matt Curley represents clients in connection with internal and governmental investigations and related civil and criminal proceedings, particularly involving matters of fraud and abuse within the healthcare industry. Matt has considerable experience in litigating matters under the False Claims Act (FCA) and in representing clients in actions and investigations brought by government regulators, including the U.S. Department of Justice (DOJ), the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and various state agencies. Matt’s clients include a wide array of healthcare providers, including hospitals and health systems, ambulatory surgery centers, physician practices, skilled nursing facilities, hospice providers, and home health providers, among others.
Matt’s perspective is informed by his prior experience as an Assistant U.S. Attorney with the U.S. Attorney’s Office for the Middle District of Tennessee, where he served as Civil Chief and coordinated the Office’s civil enforcement efforts in representing the United States and its agencies in healthcare fraud and abuse actions arising under the FCA.
Matt has been recognized by Chambers USA as “a ‘go-to’ practitioner for government investigation and fraud matters in the healthcare space” and “a key point of contact for providers facing False Claims Act issues involving areas such as billing and reimbursement.” (from Chambers USA 2017, 2018). He is also an adjunct professor at Vanderbilt University School of Law, where he teaches Healthcare Fraud and Abuse. Matt is a contributor and editor of the firm’s annual Healthcare Fraud and Abuse Review and the firm’s Inside the FCA Blog and has served as a member of Law 360’s Health Editorial Advisory Board.
American Bar Association
American Health Lawyers Association (AHLA)
Successfully represented hospital in connection with self-disclosure to U.S. Department of Justice and settlement of potential FCA claims regarding medical necessity of in-patient psychiatric services
Representation of hospice provider in intervened FCA action pending in Eastern District of Tennessee based on allegations that hospice services provided not medically necessary
Lead counsel representing Northwest Medical Center (Tucson, Arizona) in FCA lawsuit alleging that Northwest improperly billed Medicare for outpatient therapy services through failure to document the exact number of minutes of therapy provided to patients. The federal district court dismissed this case on the grounds that the complaint did not satisfy the pleading requirements of Rule 9(b) or plead the underlying falsity of the claims at issue. U.S. ex rel. McFeeters v. Northwest Hospital, LLC, 2015 WL 328212 (M.D. Tenn. Jan. 23, 2015)
Representation of The Brattleboro Retreat, an in-patient addiction treatment facility located in Brattleboro, Vermont, in a False Claims Act (FCA) lawsuit, resulting in the district court granting the Retreat’s motion to dismiss
Representation of Renal Care Group, Inc., in FCA action involving billing for dialysis supplies, resulting in summary judgment entered on behalf of Renal Care and key Sixth Circuit opinion on FCA issues
Representation of IASIS Healthcare Corporation and its hospitals in DOJ/HHS-OIG investigation into allegations of Anti-Kickback Statute, the Stark Law, and medical necessity of certain medical procedures, resulting in declination of intervention by the government and district court’s dismissal of action and sanctioning of relator’s counsel
Represented an ambulatory surgery center in an FCA action pending in the Eastern District of California based on allegations that the center failed to perform proper pre-anesthetic histories and physicals. U.S. ex rel. Dalitz v. AmSurg Corp., No. 12-cv-2218 (E.D. Cal.).
Representation of home health provider in qui tam FCA action pending in the Eastern District of Tennessee involving allegations that home health services were not medically necessary, resulting in district court dismissal of a number of FCA fraud schemes and resolution of remaining issues.
Representation of a physician practice group in a DOJ civil and criminal health care fraud investigation alleging violations of the False Claims Act and Food, Drug, and Cosmetic Act. Resolution resulted in declination of criminal and FCA enforcement action against the physician practice group
Representation of Medco Health Solutions in putative class action lawsuit alleging Medco improperly audited and withheld payments to certain classes of pharmacies
Chambers USA — Healthcare: Government Investigations & Fraud (2013-2018)
Best Lawyers in America® — Health Care Law; Litigation: Health Care; Litigation: Securities (2012-2019)
Nashville Medical News “InCharge Healthcare” (2015-2019)
Benchmark Litigation — Local Litigation Star: Tennessee (2019)
Law360 — Health Editorial Advisory Board (2014)
Mid-South Super Lawyers “Rising Star” (2008-2011)
Vanderbilt Law Review — Managing Editor