Matthew M. Curley
Matt Curley is co-chair of the Bass, Berry & Sims Healthcare Fraud & Abuse Task Force and 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.
In the latest issue of Chambers USA, Matt was described as “a preeminent expert and formidable advocate with a perfect client touch.” (from Chambers USA 2022). In previous Chambers guides, clients said Matt was “an amazing defense counsel who produces very effective results,” “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, 2020) 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 False Claims Act Blog and has served as a member of Law 360’s Health Editorial Advisory Board.
Memberships
American Bar Association
American Health Law Association (AHLA)
Representative Experience
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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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Representing a multi-state owner and operator of SNFs in connection with DOJ investigation of alleged FCA violations
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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
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Representing a consultant to SSNFs in connection with DOJ investigation of alleged FCA violations concerning medical necessity of therapy services
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Represented the former owners of a multi-state retail pharmacy chain in connection with a DOJ investigation regarding alleged violations of the FCA resulting from inaccurate reporting of usual and customary pricing of generic drugs
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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
Publications
Past Events
Media Mentions & Firm News
Accolades
Chambers USA — Healthcare: Government Investigations & Fraud (2013-2022)
The Best Lawyers in America© — Health Care Law; Litigation: Health Care (2012-2023)
Nashville Medical News “InCharge Healthcare” (2015-2021)
Benchmark Litigation — Local Litigation Star: Tennessee (2019-2023)
Law360 — Health Editorial Advisory Board (2014)
Mid-South Super Lawyers “Rising Star” (2008-2011)
Vanderbilt Law Review — Managing Editor
Featured Events
- Panelist, “Critical Insights, Updates and Considerations in the Healthcare Law Landscape,” IPMI Healthcare Law & Compliance Institute (February 26-February 28, 2023)
- Panelist, “DOJ Perspectives on Compliance Best Practices for Healthcare Providers,” IPMI Healthcare Law & Compliance Institute (February 26-February 28, 2023)
- Panelist, “Enforcement Update and Issues to Watch,” Healthcare Fraud & Abuse Annual Review Webinar (February 22, 2023)
- Panelist, “Litigating False Claims Act Cases,” Nashville Healthcare Fraud Conference (December 8, 2022)
- Moderator, “In-House Counsel Perspectives on Enforcement Issues,” Nashville Healthcare Fraud Conference (December 8, 2022)
- Panelist, “Navigating Parallel Proceedings,” Compliance & Government Investigations Seminar (September 15, 2022)
- Panelist, “Practical Approaches to Investigating and Remediating Compliance Issues,” IPMI Healthcare Law & Compliance Institute (February 27-March 1, 2022)
- Panelist, “Critical Insights, Updates and Considerations in the Healthcare Law Landscape,” IPMI Healthcare Law & Compliance Institute (February 27-March 1, 2022)
- Panelist, “Enforcement Update and Issues to Watch,” Healthcare Fraud & Abuse Annual Review Webinar (February 17, 2022)
- Panelist, “The Future of the False Claims Act,” Nashville Healthcare Fraud Virtual Conference (December 2, 2021)
- Panelist, “Critical Insights, Updates and Considerations in the Healthcare Law Landscape,” IPMI Healthcare Law & Compliance Institute (March 9-11, 2021)
- Panelist, “Managing the Risk: Practical Approaches to Handling Self-Disclosures,” IPMI Healthcare Law & Compliance Institute (March 9-11, 2021)
- Panelist, “Enforcement Update and Issues to Watch,” Healthcare Fraud & Abuse Annual Review Webinar (February 18, 2021)
- Moderator, “The Impact of a Global Pandemic on Government Healthcare Fraud Investigations,” Nashville Healthcare Fraud Virtual Conference (December 3, 2020)
- Moderator, “A View from the U.S. Attorneys’ Offices,” Nashville Healthcare Fraud Conference (December 5, 2019)
- Panelist, “Critical Insights, Updates and Considerations in the Healthcare Law Landscape,” IPMI Healthcare Law & Compliance Institute (March 3, 2019)
- Panelist, “Safeguarding the Organization in Era of Heightened Enforcement,” IPMI Healthcare Law & Compliance Institute (March 3, 2019)
- Moderator, “A View from the U.S. Attorneys’ Offices,” including the Assistant U.S. Attorneys from the Western District of North Carolina, Eastern and Middle Districts of Tennessee and the Western District of Kentucky, Nashville Healthcare Fraud Conference (December 6, 2018)
- Moderator, “Dealing Effectively with Whistleblowers,” Nashville Healthcare Fraud Conference (December 6, 2018)
- Panelist, “Approaches to Effectively Resolving Healthcare Fraud Investigations,” Nashville Council of Health Care Attorneys Program (September 21, 2018)
- Panelist, “Approaches to Effectively Resolving Healthcare Fraud Investigations,” IPMI Healthcare Law & Compliance Institute (March 4, 2018)
- Moderator, “A View from the U.S. Attorneys,” including the U.S. Attorneys from the Eastern, Middle and Western Districts of Tennessee, Nashville Healthcare Fraud Conference (December 7, 2017)
- Panelist, “Getting Your Healthcare Fraud Case Resolved – An Interactive Case Study,” Nashville Healthcare Fraud Conference (December 7, 2017)
- Panelist, “Update on Healthcare Fraud and Abuse Developments,” Tennessee Bar Association Annual Health Law Forum (October 5, 2017)
- Panelist, “Healthcare Fraud Enforcement Trends,” Compliance & Government Investigations Update (September 14, 2017)
- Panelist, “Attorney-Client Privilege at Risk in FCA Investigations of Healthcare Organizations: Protecting Confidential Information and Work Product, Avoiding Inadvertent Disclosure and Waiver,” Strafford Publications Webinar (May 16, 2017)
- Panelist, “Anatomy of a Healthcare Fraud Investigation,” IPMI Healthcare Law & Compliance Institute (March 5, 2017)
- Panelist, “Fraud & Abuse Roundup,” Tennessee Hospital Association Compliance Program (March 1, 2017)
- Moderator, “A View from the U.S. Attorneys,” including the U.S. Attorneys from the Eastern, Middle and Western Districts of Tennessee, Nashville Healthcare Fraud Conference (December 1, 2016)
- Panelist, “Developments Regarding Whistleblowers,” Nashville Healthcare Fraud Conference (December 1, 2016)
- Panelist, “Practical Issues Associated with Maintaining the Privilege,” Specialty Pharmacy & Pharmaceuticals Seminar (November 3, 2016)
- Panelist, “Healthcare Fraud Investigations in a Post-Yates World,” Compliance & Government Investigations Seminar (September 8, 2016)
- Panelist, “Healthcare Fraud: Identifying and Assessing Fraud Risks, Implications of Current Enforcement, and Ensuring Compliance,” Strafford Publications Webinar (June 9, 2016)
- Panelist, “Fraud & Abuse: Best Practices to Avoid Having the Government Come A-Knockin’,” IPMI Healthcare Law & Compliance Institute (March 7, 2016)
