Jeremy Burnette

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Jeremy Burnette is a seasoned healthcare litigator with substantial experience working within the complex regulatory framework in which providers operate. Jeremy’s practice focuses on representing healthcare providers in a variety of complex litigation matters and disputes, including whistleblower or government investigations or claims, state licensure board investigations or enforcement actions, government or private payor audit and recoupment actions, medical staff matters, practice dissolutions, and commercial disputes.  Jeremy also advises healthcare providers in regulatory compliance matters and serves as counsel to providers’ internal compliance committees.

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MHPAEA Final Rule: Clarity on Mental Health Parity?

By Beth Alcalde and Jeremy Burnette on Posted in Government Affairs, Licensure & Regulatory, Health Care Providers, Health Insurers & Managed Care Organizations, Health Plans, Healthcare Law, Hospitals & Health Systems, Physicians
The three federal agencies tasked with enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) — the Departments of Labor, Health & Human Services (through CMS), and Treasury (the Departments) — issued their Final Rule to implement the MHPAEA on September 9, 2024, to mixed reviews.  Groups composed of providers, such as the … Continue Reading

The Supreme Court Clarifies the Government’s FCA Dismissal Power and Invites Constitutional Challenge to the FCA’s Qui Tam Provision

By Noam Fischman and Jeremy Burnette on Posted in Fraud & Abuse & False Claims Act
For the second time this month, the United States Supreme Court addressed a circuit split involving the False Claims Act (FCA, 31 U.S.C. §§ 3729 – 3733). Earlier, in the SuperValu decision (discussed in a recent Health Law Rx Blog), the Court clarified that subjective intent is relevant in determining whether an objectively reasonable (but … Continue Reading

Important Update: Georgia Abortion Law Remains in Effect Until Judicial Review

By Noam Fischman, Jeremy Burnette and Lauren Gandle on Posted in Healthcare Litigation
Ruling on the State of Georgia’s November 18, 2022 Emergency Petition for Supersedeas, this past Wednesday (November 23, 2022) the Georgia Supreme Court enjoined the lower court’s decision thereby reinstating the prohibitions on abortion in Georgia codified by the LIFE Act.  Briefly, the LIFE Act prohibits abortive care once cardiac activity is detectable in an … Continue Reading

Breaking News: Georgia Court Overturns State Abortion Law

By Noam Fischman, Jeremy Burnette and Lauren Gandle on Posted in Healthcare Litigation
On June 24, 2022, the United States Supreme Court issued its seminal decision on abortion, Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and the right to terminate a pregnancy before viability, which Roe had seemingly codified. The Supreme Court’s decision fundamentally altered the constitutional landscape of a woman’s right to make reproductive … Continue Reading

SCOTUS May Resolve Circuit Split on the Specificity Required of False Claims Act Claims: Relief or More FCA Grief for Providers?

By William J. Spratt, Jr., Jeremy Burnette and Lauren Gandle on Posted in Fraud & Abuse & False Claims Act
Currently, providers have different risks of potential False Claims Act (“FCA”) liability depending on where they are geographically located due to the difference in the standards required by the U.S. Courts of Appeals regarding the level of specificity when relators (whistleblowers) plead FCA violations.  The FCA imposes civil liability on any person requesting government funds … Continue Reading

Biden Administration Signals MHPAEA Enforcement a Priority with Fiscal 2023 Budget

By Beth Alcalde, Montaye Sigmon and Jeremy Burnette on Posted in Government Affairs, Licensure & Regulatory, Health Care Providers, Health Insurers & Managed Care Organizations, Healthcare Law, Hospitals & Health Systems, Physicians
The Biden Administration’s proposed budget for fiscal year 2023 serves as a warning to all plan issuers and administrators that enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) is a top priority for the federal government. The proposed budget reflects a substantial and sustained commitment to ramp up enforcement efforts, with specific … Continue Reading

Hot off the Press! The OIG Revises its Self-Disclosure Protocol for the First Time in Several Years

By Jeremy Burnette on Posted in Fraud & Abuse & False Claims Act, Health Care Providers, Hospitals & Health Systems, Medicare & Medicaid
For the first time since 2013, on November 8, 2021, the Department of Health and Human Services Office of Inspector General (“OIG”) updated its Health Care Fraud Self-Disclosure Protocol (“SDP”). The updated SDP makes several important revisions and clarifications that directly impact providers and suppliers who seek to self-disclose potential violations of healthcare fraud statutes … Continue Reading

Caveat Emptor: Private Equity Firms Are Increasingly Vulnerable to Qui Tam Lawsuits

By William J. Spratt, Jr. and Jeremy Burnette on Posted in Fraud & Abuse & False Claims Act, Healthcare M&A, Joint Ventures, Transactions & Health Ventures
The U.S. Department of Justice (“DOJ”) has settled six qui tam lawsuits brought in various jurisdictions by whistleblowers against a private equity firm and its portfolio healthcare companies. A group of diagnostic testing companies and the private equity firm, which held a minority investment interest in the parent, settled claims that they violated the False … Continue Reading

HHS Issues Guidelines to Address Disturbing Trend of Racial Disparities in COVID-19 Testing and Treatment

By Jeremy Burnette and Sidney S. Welch on Posted in Health Care Providers, Hospitals & Health Systems, Physicians
Data collected during the coronavirus pandemic shows a disturbing trend of inequities in testing and treatment for COVID-19 among people of color. On July 20, 2020 the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) issued a Bulletin for healthcare providers, hospitals, and state and local agencies that receive Federal financial … Continue Reading

Novartis’ Simultaneous Settlements Break Records

By Jeremy Burnette on Posted in Fraud & Abuse & False Claims Act, Medicare & Medicaid, Pharmacy, Drugs, Medical Devices & Equipment, Physicians
Novartis Pharmaceuticals Corporation (Novartis) has started July with significant settlements, putting two different fraud and abuse matters behind them. In what has been identified as the largest settlement of an Anti-Kickback Statute lawsuit brought by a whistleblower pursuant to the False Claims Act’s (FCA) qui tam provision, Novartis, a pharmaceutical company based in East Hanover, … Continue Reading

SCOTUS Rules Government Must Pay $12 Billion to Unprofitable ACA Insurers

By Jeremy Burnette on Posted in Affordable Care Act and Other Healthcare Reform Legislation, Health Insurers & Managed Care Organizations, Healthcare Law, Healthcare Litigation
Despite Congress’ efforts to use riders to neutralize a provision of the Affordable Care Act (ACA or Act), the Federal government (Government) owes certain insurers $12 billion. On April 27, 2020, the Supreme Court of the United States (SCOTUS) ruled 8-1 that congressional riders added to appropriations bills that funded the Centers for Medicare & … Continue Reading

US Supreme Court to Hear FCA Statute of Limitations Case

By Jeremy Burnette on Posted in Fraud & Abuse & False Claims Act, Healthcare Law, Healthcare Litigation
The Eleventh Circuit Court of Appeals, in its ruling in Cochise Consultancy Inc. v. U.S. ex rel. Hunt, created a 3-way circuit split regarding the determination of the applicable statute of limitations period in a False Claims Act (FCA) case. On March 19, the United States Supreme Court will hear oral argument on the matter, … Continue Reading
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