Our people

Scot is a member of the Life Sciences Health Industry Group, practicing in the area of health care regulatory law. Scot's practice encompasses a variety of health law matters. His background includes experience with complex health care reimbursement and coverage issues related to high-technology medical devices and procedures, as well as application of Medicare reimbursement and coverage issues to fraud and abuse laws such as the federal False Claims Act. Scot has counseled providers in regulatory and program integrity matters before the Centers for Medicare & Medicaid Services, the Department of Justice, the HHS Office of Inspector General, and before state agencies.

Scot has structured corporate compliance programs for a wide variety of health care providers, and has negotiated government settlements and corporate integrity agreements. He also provides regulatory counseling in the context of health care corporate mergers and acquisitions, including certificate of need and licensure issues.

Representative engagements include: the global settlement of Medicare and false claims liabilities for Mariner Health Care, Inc., during Chapter 11 bankruptcy proceedings; the negotiation of an administrative settlement of Medicare liabilities and the negotiation of a $325 million settlement of false claims liabilities for the HealthSouth Corporation; and principal regulatory counsel for the sale of HealthSouth Corporation's surgery and outpatient divisions (assets valued in excess of $1 Billion).

Publications

• "The President Signs a Significant Amendment to the Federal False Claims Act," with Andrew Bernasconi and Nathan Fennessey, Financial Fraud Law Report (September 2009)
• “Zagats for Healthcare: Will the Government Start Rating All Providers?” with Carol Loepere and Paul Pitts, American Health Lawyers Association, Health Lawyers News (Feature Article - June 2009)
• “The President Signs a Significant Amendment to the Federal False Claims Act,” with Andrew Bernasconi and Nathan Fennessey, Reed Smith Client Alert (May 2009)
• “Sweeping Changes to the Federal False Claims Act are on the Horizon,” with Andrew Bernasconi and Nathan Fennesey, Financial Fraud Law Report (May 2009)
• Contributing Author, Health Care Financial Transactions Manual, (West Publishing)
• Contributing Author, Fifty State Survey of Certificate of Need and Licensure: Nursing Homes, Assisted Living, Home Health, and Hospice by Ari J. Markenson, J.D., M.P.H., Co-Editor in Chief, and Carrie Kissick Rabbitt, Esquire, Co-Editor in Chief, for American Health Lawyers Association (Published 2009)
• “Ambulatory Surgical Center Joint Ventures: Successfully Navigating a Treacherous Safe Harbor,” with Robert Kaufman, Compliance Today (December 2007)
• “Can You Withdraw From Medicaid? Yes, But it is Not Easy,” Long Term Care Advisor (Summer 2003)
• “Medical Equipment and Hospice Care: Past, Present, and Future,” with Elizabeth Carder Thompson, Health Law Handbook, Alice G. Gosfield, Editor (2000 Edition)

Speeches / Presentations

• "Federal False Claims Act Amendments - Provisions and Implications for Life Science Entities," Center for Business Intelligence, Teleconference (September 1, 2009)
• “Implementing the Medicare and Medicaid Provisions in the American Recovery and Reinvestment Act of 2009,” American Health Lawyers Association, Teleconference (June 2, 2009)
• "Case Law Update," AHLA’s Long Term Care and the Law Conference, New Orleans, LA (February 27-29, 2008)
• “Medicare/Medicaid Fundamentals,” American Bar Association, Health Law Section, Teleconference (September 27, 2007)
• “Development and Trends in Health Care Law: False Claims Act,” Cumberland School of Law, (September 14, 2007)
• “Medicare/Medicaid Fundamentals,” American Bar Association, Health Law Section, Teleconference (September 28, 2006)

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• District of Columbia
• California

Court Admissions

• State Supreme Court - California
• U.S. Court of Appeals - Fifth Circuit
• U.S. District Court - Eastern District of Michigan
• U.S. District Court - Northern District of Alabama
• U.S. District Court - Western District of Louisiana
• U.S. District Court - Western District of Texas

Professional Affiliations

• American Bar Association
• Vice Chair, Long Term Care, Senior Housing, In-Home Care, and Rehabilitation Practice Group - American Health Lawyers Association

Interests

Scot enjoys traveling, collecting vinyl records and practicing traditional Japanese karate.

Awards/Recognitions

• Listed on Nightingale's 2006 list of "Outstanding Young Healthcare Lawyers"