Molly K. Ruberg
Molly Ruberg concentrates her practice on representing healthcare and other highly regulated clients respond to government investigations, conduct internal investigations, and defend False Claims Act lawsuits. Molly has significant experience counseling clients in criminal and civil matters involving the U.S. Department of Justice (DOJ) and other primary enforcement agencies. She has successfully litigated and resolved matters for a variety of global, national, and regional clients, including hospitals and health systems, health insurers, life sciences companies, hospice and home health providers, substance use disorder treatment providers, aircraft manufacturers, and physician groups.
Molly also leads internal investigations across a number of industries, often in high-stakes matters with legal, political and public relations components. She assists clients on a variety of corporate compliance matters, including the design and enhancement of corporate compliance and ethics programs. She also counsels individuals and companies on both sides of complex business litigation matters.
Molly joined Bass, Berry, & Sims, after serving 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. Prior to law school, Molly taught ninth grade English at Ballou High School in Washington, D.C., as a 2010 Corps Member of Teach For America.
Memberships
American Health Law Association (AHLA)
Women in White Collar Defense Association (WWCDA) — Member (2016-present); Secretary TN/AL Chapter (2018-2021)
American Bar Association (ABA)
Tennessee Bar Association (TBA)
Kentucky Bar Association (KBA) — Member, Health Care Law Section
Martha O’Bryan Center — Board of Directors (2016-present); Governance Committee Chair (2017-2021); Board Co-Chair (2021-present)
Project Return — Volunteer (2014-present); Board of Directors (2019-2021)
Southern Word — Member, Leadership Circle
Nashville Young Leaders Council (Class of 2016)
Representative Experience
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Representation of a national healthcare company in an investigation related to allegations of fraudulent risk adjustment coding practices. Matter involved government disclosure and an analysis of data correction obligations.
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Representation of a Medicare Advantage Organization and its wholly-owned provider group in an internal investigation related to allegations of improper coding practices, hostile work environment, and non-compliance with Medicare requirements.
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Representation of a large national healthcare company in its defense of a FCA qui tam involving its wholly-owned Pharmacy Benefit Manager. After extensive negotiation, DOJ declined to intervene in the matter. The relator pursued the case independently, which resulted in a favorable resolution to our client.
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Representation of a managed care organization in a review of whistleblower allegations related to the post-acquisition integration of a specialty pharmacy. The matter involved an assessment of risk specific to data privacy obligations.
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We represented a global for-profit health insurance company with more than 20 million members in False Claims Act (FCA) litigation in federal court in the Northern District of Illinois.
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Representation of non-profit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by the DOJ, we obtained dismissal from the district court on the grounds that relator did not plead his claims with requisite specificity, and the Eighth Circuit upheld that dismissal. U.S. ex rel. Benaissa v. Trinity Health, 963 F. 3d 733 (8th Cir. 2020).
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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.
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Represented a manufacturer in complete dismissal of a multiple plaintiff products liability class action lawsuit
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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.
Publications
Past Events
Media Mentions & Firm News
Additional News & Insights
While in law school, Molly predicted the outcome of Lane v. Franks, 134 S.Ct. 2369 (2014), in the following publication:
- “Compelled Investigatory and Testimonial Speech: An Overdue Clarification of the Public Employee Speech Doctrine that Rehabilitates ‘All of the Values at Stake,'” 101 KY. L.J. 403 (2013)
Accolades
Mid-South Super Lawyers “Rising Star” (2022)
Best Lawyers: Ones To Watch — Commercial Litigation; Criminal Defense – White-Collar; Health Care Law (2021-2023)
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
Education
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University of Kentucky College of Law - J.D., 2013
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American University - M.A., 2010
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University of Kentucky - B.A., 2008
Admissions
- Tennessee, 2015
- Kentucky, 2013
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. District Court, Middle District of Tennessee
- U.S. District Court, Eastern District of Kentucky
- U.S. District Court, Western District of Kentucky
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