Hope has a national reputation as a health care enforcement defense lawyer and chairs the firm’s Health Care Enforcement Practice. She regularly defends health care companies in governmental investigations and ensuing cases, conducts internal investigations, and advises health care providers and manufacturers regarding enforcement issues. She has in-depth knowledge of laboratory regulations. Many of Hope’s engagements are the result of qui tam cases initiated by whistleblowers under federal and state false claims acts. She often works with companies to develop and implement policies and procedures to help them avoid government investigations and other enforcement actions.
Hope is Chair of the Health Care Enforcement Defense Practice and serves on the Pro Bono Committee. She has also served on the firm’s Policy Committee.
Hope represents health care providers, product manufacturers, payors, and investors, and specializes in statutory and regulatory issues affecting the provision of health care services. Her practice includes counseling, structuring, and litigating fraud and abuse issues as well as reimbursement matters.
She defends and resolves large, multifaceted federal and state investigations arising under criminal and civil statutes barring, among other things, the submission of false claims and the provision of remuneration to induce referrals. In connection with such cases, Hope negotiates and structures global settlements with the US Department of Justice and its US Attorneys’ Offices and state Attorneys' General Offices as well as corporate integrity agreements with the Department of Health and Human Services Office of Inspector General.
Many of the cases that she has handled have arisen as a result of qui tam cases filed by whistleblowers, under federal and state False Claims Acts. Hope also develops and implements compliance programs and advises clients in connection with voluntary disclosures to the government. Hope defends administrative actions initiated by federal and state agencies, including recoupment actions and proceedings involving licensure and certification. She has a comprehensive understanding of the Medicare and Medicaid programs and the rules governing reimbursement. In her work before the US Congress on behalf of clients, Hope has supported enactment of statutes including the Clinical Laboratory Improvement Amendments and the Stark self-referral bans.
Hope frequently speaks on topics of interest to health care providers, payors, and product manufacturers. She also has written extensively on issues confronting health care providers.
More Legal and Business Bylines From Hope S. Foster
- The Supreme Court’s SuperValu Decision on the “Knowingly” Element in the False Claims Act: Protecting Against Liability When There is Regulatory Ambiguity - (Posted On Wednesday, June 14, 2023)
- Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing - (Posted On Wednesday, May 06, 2020)
- Rough Seas for COVID-19 Serology Tests Lead to Course Correction by FDA - (Posted On Tuesday, May 05, 2020)
- COVID-19 and Lab Testing: What’s the Story Behind the Story? - (Posted On Wednesday, April 29, 2020)
- Mintz Levin Health Care Qui Tam Update - February 2019 - (Posted On Monday, February 25, 2019)
- New Jersey Regulates Out-Of-Network Billing - (Posted On Friday, August 31, 2018)
- Health Care Qui Tam Update Recently Unsealed Whistleblower Cases for August 2018 - (Posted On Monday, August 13, 2018)
- Mintz Levin Health Care Qui Tam Update - (Posted On Thursday, December 14, 2017)
- Health Care Qui Tam Update: August 2017 - (Posted On Wednesday, September 27, 2017)
- Health Care Qui Tam Update: March 2017 - (Posted On Thursday, March 16, 2017)