Molly Ruberg represents clients in connection with internal and government investigations and related civil and criminal proceedings, particularly involving matters of fraud and abuse in the healthcare sector. Molly has assisted a wide variety of clients in matters involving the False Claims Act, Anti-Kickback Statute, and Stark Law, including hospitals and health systems, pharmaceutical companies, hospice and long-term care providers, ambulatory surgery centers, medical device manufacturers, and drug and alcohol abuse treatment centers. She also counsels government entities and private companies on both sides of complex business litigation matters. Molly is a contributor to the firm’s annual Healthcare Fraud Year in Review and our Inside the FCA Blog.
Her practice involves:
Molly also is involved with the firm’s pro bono initiative and recently successfully defended against summary judgment in a federal prisoner civil rights case.
Prior to joining Bass, Berry & Sims, Molly served as a law clerk to the Honorable John G. Heyburn II of the U.S. District Court for the Western District of Kentucky. She earned her law degree from the University of Kentucky College of Law where she served as Editor-in-Chief of the Kentucky Law Journal and interned in the chambers of the Honorable John M. Rogers of the U.S. Court of Appeals for the Sixth Circuit. Before law school, Molly was selected as a 2010 corps member of Teach For America and taught ninth grade English at Ballou High School in Washington, D.C.
American Health Law Association (AHLA)
American Bar Association (ABA)
Tennessee Bar Association (TBA)
Kentucky Bar Association (KBA)
Martha O’Bryan Center — Board of Directors (2016-present)
Nashville Young Leaders Council (Class of 2016)
Teach For America Rising Leaders Board (2016-present)
Project Return — Community Volunteer (2015-present)
Junior League of Nashville — Community Volunteer (2015-present)
United Way of Metropolitan Nashville — Young Leaders Society & Community Volunteer (2014-present)
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).
Represented a global healthcare company in relation to an investigation conducted by DOJ and HHS-OIG into alleged violations of the False Claims Act. The alleged false claims involved the manner in which certain negative pressure wound therapy devices were being marketed and distributed as durable medical equipment. Conducted an internal investigation and negotiated a favorable settlement with DOJ, HHS-OIG, and counsel for the relator. No post-settlement oversight was required.
Represented a manufacturer in complete dismissal of a multiple plaintiff products liability class action lawsuit
Represented the Town of Smyrna, Tennessee in a lawsuit against the Municipal Gas Authority of Georgia (MGAG) alleging unauthorized natural gas hedging charges imposed by MGAG. The case was resolved very favorably for the Town.
Best Lawyers: Ones To Watch — Health Care Law (2021)
Kentucky Law Journal — Editor-in-Chief
UK Student Government — Elections Investigator and Supreme Court Justice
National Association of Women Lawyers — Outstanding Law Student of UK 2013