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Samantha P. Kingsbury

Of Counsel

[email protected]

+1.617.348.1829

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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.
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viewpoints

Last week, a Tennessee federal district court judge ruled that government attorneys can extrapolate from a small sample of billing statements to over 50,000 patient admissions by Life Care Centers of America, Inc. (a nursing home operator) to try to hold Life Care Centers liable under the False Claims Act (FCA).
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On Wednesday, during a speech before the Taxpayers Against Fraud Education Fund conference in Washington, D.C., Leslie R. Caldwell, Assistant Attorney General for the Department of Justice’s (DOJ) Criminal Division, announced that her office will be stepping up its review of False Claims Act (FCA) qui tam complaints for potential criminal prosecution.
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Federal Court Rejects Relator's Swapping Allegations in False Claims Act Case

August 15, 2014 | Blog | By Samantha Kingsbury, Karen Lovitch

This week a federal district court in Ohio ruled in favor of Mobilex USA (Mobilex), the country's largest mobile medical imaging company, on a motion for summary judgment in a False Claims Act (FCA) suit filed by a former employee, Kevin P. McDonough. 
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New Massachusetts Law Targets Self-Referrals of Clinical Laboratory Services

July 18, 2014 | Blog | By Karen Lovitch, Samantha Kingsbury

The Fiscal Year 2015 budget for the Commonwealth of Massachusetts, which was signed into law earlier in the week, included a broad prohibition on clinical laboratory self-referrals.
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Check out this insightful post from my colleagues Samantha P. Kingsbury and Karen S. Lovitch over at our sister blog, Health Law and Policy Matters, discussing a recent decision about a relator that allegedly breached of a confidentiality agreement by filing a qui tam case.  These types of cases against relators are becoming more common in the qui tam context.
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Last week, the U.S. District Court for the Eastern District of Pennsylvania issued a decision in Walsh et al. v. Amerisource Bergen Corp. et al denying the Relator’s motion to dismiss a counterclaim that alleged the Relator breached a confidentiality agreement by filing the underlying qui tam case.
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Changes Ahead for Laboratories Doing Business in Pennsylvania

January 6, 2014 | Blog | By Samantha Kingsbury, Karen Lovitch

New legislation enacted last month will change the way many laboratories do business in Pennsylvania. Senate Bill 1042 (SB 1042), which amends Pennsylvania’s Clinical Laboratory Act (the Act), now prohibits several practices that are common across the clinical laboratory industry, including placement of laboratory employees in physician offices. 
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Serial Relator Getting the Boot?

September 5, 2013 | Blog | By Samantha Kingsbury

This past Friday, hospital company HCA Holdings, Inc. asked a federal court judge to dismiss a False Claims Act (FCA) suit filed by whistleblower and former employee, Stephen McMullen.
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Health Care Enforcement in 2012: A Year in Review

February 25, 2013 | Advisory | By Samantha Kingsbury, Hope Foster, Jessica Sergi

Trends in health care enforcement during 2012 have been significant in reinforcing the government’s fraud investigation and recovery strategies. Health care fraud enforcement will likely intensify in the post-health reform era.
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2011-The Year In Review: Trends in Health Care Enforcement

February 1, 2012 | Blog | By Brian Dunphy, Samantha Kingsbury

Mintz Levin’s Health Care Enforcement Defense Group reviewed health care fraud enforcement activities in 2011 to offer a general snapshot of the environment in which health care providers and pharmaceutical and medical device manufacturers operate. 
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News & Press

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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.

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Mintz Member and Chair of the firm’s Health Law and Health Care Enforcement Defense Practices Karen Lovitch, Member Laurence Freedman, Of Counsel Samantha Kingsbury, and Associates Grady Campion and Caitlin Hill co-authored the Global Overview and corresponding United States chapter of the seventh edition of Lexology’s Healthcare Enforcement & Litigation 2022. Together these pieces outlined federal enforcement priorities in 2020, including matters involving opioids, COVID-19-related fraud, Medicare, and more, and look ahead to how health care enforcement is expected to evolve in the coming year. 
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Given the many substantive and strategic lessons to be learned from FCA investigations and litigations, bankruptcy counsel advising the various constituents impacted by an FCA case should be mindful of these potential lessons, as they may raise issues relevant to the bankruptcy estate, says Health Law attorney Samantha Kingsbury in this article.
Karen Lovitch, practice leader of the Mintz Health Law Practice, Eoin Beirne, a Member in the firm’s Litigation practice, along with Associates Samantha Kingsbury and Mackenzie Queenin authored the last in a four-part series of articles on health care enforcement trends in 2017.
Three attorneys from Mintz author the second installment of a four-part series recapping key government policies, regulations and enforcement actions from 2016 and discussing their potential impacts on 2017.
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Mintz Member and Chair of the Health Law Practice Karen S. Lovitch, Member Thomas S. Crane, and Associate Samantha P. Kingsbury co-authored a book published by the American Bar Association examining the federal Anti-Kickback Statute, one of the best-known federal fraud and abuse statutes, which prohibits transactions intended to induce or reward referrals for items or services reimbursed by the federal health care programs. The criminal statute has wide-ranging effects on business relationships in the health care, pharmaceutical, and medical device sectors.
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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.

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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.

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Events & Speaking

Speaker
Faculty
May
12
2016

Anti-Kickback Fundamentals

ABA | Health Law

Webinar

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Publications

Co-author, What Is...The Anti-Kickback Statute?, Second Edition, Published by the American Bar Association (2022)

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Recognition & Awards

  • Included on the Massachusetts Super Lawyers Rising Star: Health Care list (2017-2019)

  • Phi Beta Kappa

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Involvement

  • Member, American Health Lawyers Association
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