Samantha’s practice focuses on a wide array of federal, state, and administrative health care enforcement defense matters. She defends health care companies and providers in investigations conducted by the US Department of Justice and/or its US Attorneys’ Offices, which are often initiated by qui tam complaints filed under the federal False Claims Act. Samantha also represents clients in investigations and audits conducted by federal and state enforcement and administrative agencies, including state Offices of the Attorney General. She also structures and executes internal investigations stemming from government inquiries, as well as potential compliance issues identified by clients.
In addition, Samantha advises clients regarding compliance with the federal Anti-Kickback Statute, the Eliminating Kickbacks in Recovery Act, the Stark Law, and the False Claims Act, among other state and federal statutes and regulations. Samantha also has experience preparing self-disclosures and other reports relating to such enforcement matters, as well as developing internal compliance programs.
In addition to enforcement defense matters, Samantha handles licensure, reimbursement, and regulatory matters for a variety of health care clients.
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.
Before joining Mintz, Samantha completed a fellowship as a Special Assistant District Attorney for the Suffolk County District Attorney’s Office.
Experience
- Represented 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 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.
- 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 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.
viewpoints
2011-The Year In Review: Trends in Health Care Enforcement
February 1, 2012 | Blog | By Brian Dunphy, Samantha Kingsbury
MA Statute Banning Sex Offenders from Living in Nursing Homes without a Hearing is Unconstitutional, Says MA SJC
August 6, 2011 | Blog | By Daria Niewenhous, Samantha Kingsbury
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
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