Scott R. Grubman

Scott R. Grubman

Scott R. Grubman

Partner
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Location: Atlanta, Georgia
Phone: (404) 262-6505
Fax: (404) 261-2842
Contact: sgrubman@cclblaw.com

Scott Grubman is a former Assistant United States Attorney and DOJ Trial Attorney who represents businesses and individuals in connection with government and internal investigations, False Claims Act and complex civil litigation, and white collar criminal defense.

Much of Mr. Grubman’s practice involves representing healthcare clients of all types and sizes in connection with high-stakes government investigations – both criminal and civil – by agencies such as the Department of Justice (DOJ), HHS-OIG, and state Medicaid Fraud Control Units (MFCU).  Mr. Grubman also has extensive experience representing healthcare providers in connection with administrative proceedings (such as exclusion and revocation matters), audits (including overpayment and HIPAA audits), and general healthcare regulatory issues, particularly those related to the False Claims Act, Stark Law, and Anti-Kickback Statute.  Mr. Grubman also regularly represents clients in connection with a wide variety of white collar criminal matters outside of the healthcare industry, as well as in connection with civil litigation.

After graduating from law school summa cum laude and clerking for two federal judges (both district and circuit courts), Mr. Grubman served as a Trial Attorney for the U.S. Department of Justice in Washington, D.C., and then as an Assistant U.S. Attorney in Savannah, Georgia. As an AUSA, Mr. Grubman 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. Mr. Grubman 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 He was awarded a Special Commendation by the DOJ for his work.

Mr. Grubman 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 crime 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

  • Healthcare
  • False Claims Act Investigations and Litigation
  • Government Investigations and Litigation
  • White Collar Criminal Defense
  • Complex Business and Commercial Litigation
  • Internal Investigations
  • Appeals

Bar Admissions

  • Georgia
  • 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

Education

  • 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

Representative Cases

  • Represented a healthcare provider 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 (whistleblower) action. Mr. Grubman 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 multiple healthcare providers in connection with criminal MFCU investigations. Clients were not charged and cases were closed without any adverse action.
  • Represented multiple healthcare providers facing revocation of their Medicare and Medicaid billing privileges, often referred to as the “death penalty” for healthcare providers. After filing for  emergency injunctions and subsequent negotiations with the DOJ and CMS, the government agreed to retract its revocation decisions.
  • 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, a decision upheld on appeal.
  • Represented numerous corporate executives in connection with government investigations related to fraud and corporate theft.
  • 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, obtaining summary judgment in favor of client.
  • Represented large physician practice group in connection with HIPAA breach involving over 200,000 records.

Published Works

Classes/Seminars

  • Adjunct Professor, Healthcare, Emory University School of Law (2017)
  • Adjunct Professor, Healthcare Fraud and Abuse, Georgia State University College of Law (2016-Present)
  • Speaker, Clinical Laboratory Mgmt. Assoc., KnowledgeLab 2018 (forthcoming, May 2018)
  • Speaker, HCCA 22nd Annual Compliance Institute (forthcoming, April 2018)
  • Speaker, Georgia Society of Ambulatory Surgery Centers Annual Conference (forthcoming, February 2018)
  • Speaker, AHLA Physicians and Hospitals Law Institute (forthcoming, February 2018)
  • Keynote Speaker, Decision Health Billing & Compliance Summit (December 2017)
  • Speaker, AHLA Fundamentals Conference (November 2017)
  • Speaker, Tennessee Pain Society Annual Meeting (November 2017)
  • Speaker, American Medical rehabilitation Providers Association Educational Conference (October 2017)
  • Speaker, HCCA 3rd Annual Healthcare Enforcement Compliance Institute (October 2017)
  • Speaker, Central Rockies Physician Practice Associates (October 2017)
  • Speaker, South Carolina Ambulance Providers Association meeting (September 2017)
  • Speaker, South Carolina Association of Residential Care Homes 2017 Fall Convention (September 2017)
  • Speaker, Georgia Hospital Association Compliance Officers Retreat (September 2017)
  • Speaker, Pueblo Healthcare In-Service (September 2017)
  • Speaker, Federal Bar Association Annual Meeting & Convention (September 2017)
  • Speaker, South Carolina Association of Residential Care Homes 2017 Fall Convention & Trade Show in Savannah, GA (September 2017)
  • Webinar, Medicare Audits & Audit Appeals (HCCA, August 2017)
  • Speaker, HIPAA Primer (Integrated Eye Care, August 2017)
  • Speaker,  Ambulatory Surgery Center Association (ASCA) 2017 Annual Meeting (May 2017)
  • Webinar, Government Fraud and Abuse Enforcement in the Pharmacy Space (Nat’l Comm. Pharmacists Association, 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 (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, 2018)
  • 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
    • Previously:  Quality Council, Young Professionals 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