Matthew M. Curley

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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.

Featured Experience

  • Representation of Hospice Company: U.S. ex rel. Hinkle v. Caris Healthcare, LP (E.D. Tenn.)
    Lead counsel representing a multi-state hospice provider in an investigation of alleged False Claims Act violation concerning the medical necessity of hospice services.  Following DOJ intervention and extensive litigation, we negotiated a successful resolution of the litigation with no payment of attorneys’ fees to relator or imposition of administrative remedies. This matter was reported by Law360 as among the Health Care Cases to Watch in 2017 for its consideration of the issue of medical necessity in False Claims Act-related litigation.
  • Representation of Skilled Nursing Facility Operator: U.S. ex rel. Byrd v. National HealthCare Corp. (E.D. Tenn.) and U.S. ex rel. Forsythe v. National HealthCare Corp. (E.D. Tenn.)
    Lead counsel representing a multi-state owner and operator of skilled nursing facilities in connection with a DOJ investigation of alleged False Claims Act violations concerning the medical necessity of therapy services. Resulted in declination by DOJ and dismissal of the underlying qui tam lawsuit after multi-year investigation.
  • Representation of In-Patient Addiction Treatment Facility: U.S. ex rel. Joseph v. Brattleboro Retreat (D. Vt.)
    Lead counsel representing a not-for-profit in-patient addiction treatment facility located in Brattleboro, Vermont, in a qui tam lawsuit alleging violations of the False Claims Act based on allegations that the provider submitted false claims for reimbursement to state and federal payers and by using internal accounting codes to mask alleged overpayments. The district court granted the provider’s motion to dismiss, concluding that the relator failed to satisfy the pleading requirements of Rule 9(b) of the Federal Rules of Civil Procedure and that certain of the relator’s claims were time-barred.  This district court’s opinion is one of the few reported decisions in the District of Vermont considering the pleading requirements for a False Claims Act violations.  Reported case: U.S. ex rel. Joseph v. Brattleboro Retreat, 2014 U.S. Dist. LEXIS 110153 (D. Vt. Aug. 10, 2014).
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Memberships

American Bar Association

American Health Lawyers Association (AHLA)