Scott R. Grubman
Scott R. Grubman
Location: Atlanta, Georgia
Phone: (404) 262-6505
Fax: (404) 261-2842
Scott Grubman is a former Assistant U.S. Attorney and DOJ Trial Attorney who represents companies and individuals in connection with government and internal investigations, False Claims Act and complex civil litigation, and white collar criminal defense.
Most of Scott’s practice involves representing healthcare clients in connection with high-stakes government investigations – both criminal and civil – by agencies including the Department of Justice (DOJ), HHS-OIG, and state Medicaid Fraud Control Units (MFCU), as well as in administrative proceedings and audits, and in connection with general healthcare regulatory issues. Scott also represents clients in connection with a wide variety of white collar and civil litigation matters outside of the healthcare industry. Scott’s work has included:
- The representation of numerous healthcare providers of all types and sizes (including hospitals, physicians and physician groups, laboratories, ambulatory surgery centers, pharmacies, and DME companies) in connection with investigations by the DOJ, HHS-OIG, and state MFCUs, both civil and criminal, including investigations under the False Claims Act, Stark law, and Anti-Kickback Statute.
- The representation of healthcare providers in connection with all types of Medicare and Medicaid audits and audit appeals, including those involving MACs, RACs, ZPICs, EHR incentive payments, and HIPAA, as well as in connection with administrative proceedings including Civil Monetary Penalties, exclusion, and revocation.
- Scott serves as outside counsel for a nationwide DME company.
- Scott serves as outside counsel for a fast-growing healthcare IT company.
- Scott serves as outside counsel for a community hospital and nursing home in connection with implementation of, and compliance with, a Corporate Integrity Agreement (“CIA”).
- Representation of numerous individuals who are either “targets” or “subjects” of DOJ and federal grand jury investigations, particularly those in the healthcare industry.
After graduating from law school with highest honors and clerking for two federal judges (both district and circuit courts), Scott served as a Trial Attorney for the U.S. Department of Justice in Washington, D.C., and then as an AUSA in Savannah, Georgia. As an AUSA, Scott investigated and prosecuted healthcare and other white collar fraud cases, with a focus on False Claims Act investigations and litigation, and was a member of the district’s Healthcare Fraud Taskforce. Scott also represented the United States as lead counsel in dozens of cases in both federal District Court and before the Eleventh Circuit, including felony criminal investigations and prosecutions, civil and criminal appeals, habeas, constitutional claims, employment discrimination, medical malpractice, personal injury, wrongful death, and asset forfeiture. Scott was awarded a Special Commendation by the DOJ for his work.
Scott has published dozens of articles on healthcare fraud and white collar topics in nationally-recognized journals and publications, and regularly presents at healthcare and white collar conferences and seminars nationwide. He also serves as an Adjunct Professor at both Emory University School of Law and Georgia State University College of Law, where he teaches courses on healthcare fraud and abuse.
Areas of Practice
- False Claims Act Investigations and Litigation
- Government Investigations and Litigation
- Complex Business and Commercial Litigation
- Internal Investigations
- White Collar Criminal Defense
- Supreme Court of Georgia
- U.S. District Court Northern District of Georgia
- U.S. District Court Middle District of Georgia
- U.S. District Court Southern District of Georgia
- University of Georgia School of Law, Athens, Georgia
- J.D., summa cum laude
- Honors: Order of the Coif
- Georgia Law Review, Articles Editor
- Georgia State University
- B.A., cum laude with Research Honors
- Honors: with Research Honors
- Represented a physician in connection with a joint DOJ/MFCU investigation involving alleged violations of the False Claims Act, Stark law, and Anti-Kickback Statute, resulting from a qui tam. Scott was able to negotiate a highly favorable resolution pursuant to which case was dismissed with prejudice without the necessity of a monetary settlement or compliance agreement.
- Represented several healthcare providers in connection with criminal MFCU investigations. Clients were not charged and cases were closed without any adverse action.
- Represented a physician practice facing revocation of its Medicare and Medicaid billing privileges, often referred to as the “death penalty” for healthcare providers. After filing for an emergency injunction and subsequent negotiation with the DOJ and CMS, the government agreed to retract its revocation upon submission of a Corrective Action Plan.
- Represented Fortune 500 company in federal RICO putative class action involving allegations of mail and wire fraud, helping to secure complete dismissal without leave to amend.
- Represented corporate executive in connection with federal securities and accounting fraud prosecution.
- Represented major credit card company in defense of state putative class action.
- Represented major financial services company in defense of employment discrimination action, negotiating highly favorable resolution.
- Represented financial advisory firm in defense of wage and hour claim brought under the Fair Labor Standards Act.
- Represented automotive performance parts company in connection with cyber intrusion.
- Represented large physician practice group in connection with HIPAA breach.
- Federal Court Interprets Revised Writing Requirements to Stark Law Exceptions (ABA Health eSource Vol. 13 No. 9)
- Buyers Beware: The Drug Supply Chain Security Act and the False Claims Act (AHLA Fraud & Abuse Newsletter)
- The “Advice-of-Counsel” Defense: Cautionary Tales for Counsel in False Claims Act Cases (AHLA Weekly)
- Clinical Laboratories Beware: A Summary of the OIG’s Unfavorable Advisory Opinion 16-12 (ABA Health eSource Vol. 16, No. 3)
- The Use of Self-Critical Material as Adverse Evidence: Can Privilege Protect Against a Hobson’s Choice? (American Health Lawyers Association Journal – February 2017)
- A Matter of Opinions: The Medicare Hospice Benefit and the Standard of Objective Falsity Under the FCA (AHLA PALS Advisor)
- Something Ventured: The Continued Scrutiny of ASC-Anesthesia Joint Ventures (ABA Health eSource)
- HHS Issues Proposed Rule to Amend Medicaid Fraud Control Unit Regulations (AHLA Weekly)
- Civil Monetary Penalties, Representing Hospitals and Hospital Systems (AHLA)
- The “Yates Era” In Full Force: The DOJ Fully Implements Yates Memo (ABA Criminal Justice Magazine)
- Adjunct Professor, Healthcare, Emory University School of Law (2017)
- Adjunct Professor, Healthcare Fraud and Abuse, Georgia State University College of Law (2016-Present)
- Speaker, HCCA 3rd Annual Healthcare Enforcement Compliance Institute (forthcoming, October 2017)
- Speaker, Federal Bar Association Annual Meeting & Convention (forthcoming, September 2017)
- Speaker, Ambulatory Surgery Center Association (ASCA) 2017 Annual Meeting (May 2017)
- Moderator, Rural Healthcare Symposium at UGA Law School (April 21, 2017)
- Speaker, The Independent Physician Association of America (TIPAAA), 22nd Annual Meeting (March 2017)
- Webinar: Intro to the False Claims Act (AHLA, February 2017)
- Speaker, Risk Management & Patient Safety Seminar and Bootcamp for Morehouse Healthcare, sponsored by MagMutual Insurance Company (February 2017)
- Speaker, HIMSS17 (February 2017)
- Speaker, AHLA Physicians and Hospital Law Institute (February 2017)
- Speaker, HCCA Managed Care Compliance Conference (January 2017)
- Speaker, AHLA Fraud and Compliance Forum (October 2016)
- Speaker, HCCA 2nd Annual Healthcare Enforcement Compliance Institute (October 2016)
- Speaker, Georgia Hospital Association (GHA) 9th Annual Compliance Officers Retreat (September 2016)
- Speaker, AHLA Annual Meeting (July 2016)
- Speaker, Georgia Academy of Healthcare Attorneys (GAHA) Annual Meeting (May 2016)
- Speaker, ACI’s 16th Annual Forum on Fraud and Abuse in the Sales and Marketing of Drugs (March 2016)
- Featured guest, Top Docs Radio, a radio program sponsored by the Medical Association of Georgia (February 2016)
- Speaker, ABA Southeastern White Collar Crime Institute (Health Care Fraud & Qui Tam Litigation) (September 2015)
- Webinar: Physicians In The Crosshairs (HCCA, September 2015)
- Speaker, Georgia ICLE Contract Litigation Seminar (Contracts in Healthcare) (August 2015)
- Speaker, Georgia Academy of Healthcare Attorneys (GAHA) Annual Meeting, Healthcare Fraud Panel (May 2015)
- Visiting Instructor, False Claims Act, Georgia State Univ. School of Law (Spring 2015)
- Visiting Instructor, Healthcare Fraud & Abuse, Univ. of Georgia School of Law (Spring 2015)
- Webinar: The Expansion of OIG’s Exclusion and CMP Authority (AHLA, 2015)
- Webinar: The Expansion of OIG’s Exclusion and CMP Authority Under the PPACA (HCCA, 2014)
- Webinar: It Could Happen To You: The Increased Prevalence of Healthcare Fraud Investigations For Non-Compliance And How To Avoid Them (InHealth Consulting & Educational Services, 2014)
- Speaker, Advanced Healthcare Law, Georgia ICLE (2014)
- Webinar: Medicare’s Physician Supervision Requirements and the False Claims Act (HCAA, 2014)
Honors and Awards
- Super Lawyers Rising Star for Healthcare in Georgia (2015, 2016, 2017)
- Daily Report On The Rise 40 Under 40
- Georgia Trend Magazine “2014 Legal Elite”
- American Bar Foundation Fellow
- U.S. Department of Justice, Special Commendation (2011)
- U.S. Department of Justice, John W. Douglas Award for Pro Bono Service (2011)
- Washington Council of Lawyers’ Government Pro Bono Award, DOJ Nominee
- Recognition by Department of Health & Human Services, Office of Inspector General (“OIG”) for work combating healthcare fraud
- Martindale-Hubbell AV Preeminent Rating
Professional Associations and Memberships
- American Health Lawyers Association (AHLA)
- Vice Chair, Healthcare Liability and Litigation Practice Group
- Quality Council
- Young Professional Council
- Georgia Academy of Healthcare Attorneys (GAHA)
- Board of Directors
- American Bar Association, Health Law Section,
- Vice Chair, The Health Lawyer Editorial Board
- Health Care Compliance Association (HCAA)
- State Bar of Georgia, Health Law Section
- Anti-Defamation League
- Southeast Region Board of Directors
- Civil Rights Committee
- Lamar Inn of Court
- Lumpkin Inn of Court (2014-2016)
- Lawyers Club of Atlanta
- Oakhurst Medical Centers, Inc.
- Board of Directors
Past Employment Positions
- Assistant U.S. Attorney, Southern District of Georgia
- Trial Attorney, U.S. Department of Justice
- Law Clerk, Honorable Joel F. Dubina, Chief Judge of the Eleventh Circuit Court of Appeals
- Law Clerk, Lisa Godbey Wood, Chief Judge of the U.S. District Court for the Southern District of Georgia