
Samantha’s practice focuses on defending clients in government investigations and advising on a wide array of fraud and abuse and compliance matters. She represents health care companies and providers in investigations and enforcement actions conducted by various federal and state enforcement agencies, including the US Department of Justice and/or its US Attorneys’ Offices, as well as state Offices of the Attorney General, among many others. Many such actions are initiated by qui tam complaints filed under the federal False Claims Act and allege violations of the federal Anti-Kickback Statute and Stark Law, among other authorities. Samantha has also represented clients in investigations involving consumer protection issues and COVID-related programs. She also negotiates and coordinates settlements with state and federal agencies, as well as corporate integrity agreements with the Office of Inspector General for the Department of Health and Human Services.
In addition, Samantha advises clients on a wide variety of health care regulatory issues, including coverage, billing, and reimbursement, and arrangements with referral sources. She develops and implements compliance programs, structures and conducts internal investigations, advises on voluntary self-disclosure to government agencies, and defends administrative proceedings involving licensure and reimbursement issues, among other matters.
Samantha is actively involved in pro bono matters at Mintz and previously served on the firm’s Pro Bono Committee. She manages the firm’s participation in the Lawyers Clearinghouse Legal Clinic for the Homeless, through which Mintz attorneys provide legal representation to residents of Boston-area homeless shelters. She also represents a wide variety of clients seeking pro bono services.
Experience
- Defended a diagnostics company in a national criminal and civil investigation involving multiple US Attorneys’ Offices and state Attorneys' General Offices. The investigation involved alleged kickback issues and billing violations with respect to the Medicare, Medicaid, and TRICARE programs, among other federal health care programs.
- Represented a clinical laboratory in a False Claims Act investigation involving alleged violations of the Stark Law stemming from arrangements with referring physicians.
- Defended a provider in an investigation conducted by the Federal Trade Commission involving alleged consumer protection violations.
- Represented a health care company in a False Claims Act investigations involving alleged performance of, and billing of federal health care programs for, medically unnecessary services.
- Advised several hospitals on submissions of self-disclosures under the CMS Self-Referral Disclosure Protocol and settling those matters with the agency.
- Representing a provider in investigations by numerous Attorneys’ Generals involving alleged violations of state consumer protection laws.
- Represented specialty laboratories in False Claims Act investigations in connection with the payment of processing and handling fees for specimen collection.
- Represented a large physician practice in several investigations, including alleged violations of the Anti-Kickback Statute and False Claims Act violations stemming from medically unnecessary procedures and arrangements with referring physicians.
- Conducted internal investigations of several health care providers and prepared self-disclosures to the U.S. Department of Health and Human Services, Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services (CMS).
- Represented several clinical laboratories and laboratory directors in administrative proceedings, opposing loss of CLIA certification and the imposition of the two-year owner/operator ban.
- Successfully opposed the OIG’s proposed exclusion of a physician from participation in federal health care programs.
- Settled numerous False Claims Act investigations without imposition of Corporate Integrity Agreements.
viewpoints
FTC Engages in First Enforcement Action under COVID-19 Consumer Protection Act
April 27, 2021 | Blog | By Joanne Hawana , Samantha Kingsbury
Supreme Court Declines to Weigh in on Requiring Objective Falsity in FCA Medical Necessity Cases
February 24, 2021 | Blog | By Samantha Kingsbury
DOJ Announces Another Increase to Already-High False Claims Act Penalties
June 26, 2020 | Blog | By Samantha Kingsbury
OIG Updates Its COVID-19-Related FAQ Guidance to Okay Certain Specimen Processing Payments by Laboratories
May 12, 2020 | Blog | By Samantha Kingsbury
OIG Publishes FAQs Addressing Application of Its Administrative Enforcement Authorities During the COVID-19 Public Health Emergency
April 28, 2020 | Blog | By Samantha Kingsbury, Karen Lovitch
Practical Tips and Guidance for Understanding and Using HHS's Stark Law Blanket Waivers and the OIG’s Policy Statement About Them
April 21, 2020 | Blog | By Samantha Kingsbury, Hope Foster
DOJ Is Already Making Good on AG Barr’s Instruction to Detect, Deter, and Punish Wrongdoing Related to Coronavirus
April 7, 2020 | Blog | By Samantha Kingsbury
Ninth Circuit Joins Several Others in Finding that Lack of Medical Necessity Claims Can Proceed Under the False Claims Act
April 2, 2020 | Blog | By Samantha Kingsbury
Effects of Social Distancing and COVID-19 on Government Investigations & Proceedings Still Developing
March 20, 2020 | Blog | By Samantha Kingsbury
Landmark AseraCare Case Finally Ends in Settlement
March 2, 2020 | Blog | By Samantha Kingsbury, Brian Dunphy, Laurence Freedman
News & Press
Special Report: The 2024 Lab Enforcement Landscape
August 29, 2024
Health Law Practice Chair Karen Lovitch and Of Counsel Samantha Kingsbury were quoted in a G2 Intelligence special report about the 2024 lab enforcement landscape.
Healthcare Enforcement & Litigation 2022
August 27, 2021
Health Care Fraud Investigations and Litigation Offer Unexpected Lessons from Bankruptcy Counsel
May 1, 2019
2017 Health Care Enforcement Review: Final Thoughts
January 19, 2018
Health Care Enforcement Review And 2017 Outlook: Part 2
January 17, 2017
What Is The Anti-Kickback Statute?
January 1, 2015
podcasts
Health Law Diagnosed – New Year's Gratitude
February 3, 2025 | Podcast | By Bridgette Keller, Alison H. Peters, Samantha Kingsbury, Theresa Carnegie, Joanne Hawana , Abdie Santiago, Stephnie John, Pamela Polevoy, Karen Lovitch , Jean D. Mancheno, Deborah Daccord, Rachel A. Alexander, Jane Haviland, David Gilboa, Kathryn Edgerton, Hassan Shaikh, Madison Castle, Laurence Freedman, Priyanka Amirneni, Samantha Hawkins, Tara E. Dwyer, Rachel Yount, Sophia Temis, Xavier Hardy
Host Of Counsel Bridgette Keller invites the Mintz Health Law team to reflect on what they’re grateful for as they prepare for the year ahead. Hear from a dynamic group of Members, Of Counsel, and Associates as they share their perspectives on what’s coming up over the horizon.
Mintz Health Law: What We Are Grateful For
January 11, 2023 | Podcast | By Bridgette Keller
Bridgette Keller speaks with the Mintz Health Law team about what they are grateful for as they look back on a year of client service, mentorship, and working together as a team.
Events & Speaking
Publications
Co-author, What Is...The Anti-Kickback Statute?, Second Edition, Published by the American Bar Association (2022)
Read lessRecognition & Awards
Included on the Massachusetts Super Lawyers Rising Star: Health Care list (2017-2019)
Phi Beta Kappa
Involvement
- Member, American Health Lawyers Association