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
EnforceMintz — Artificial Intelligence and False Claims Act Enforcement
February 8, 2024 | Blog | By Brian Dunphy, Samantha Kingsbury
Health care companies using algorithms and AI applications face increased compliance risks. Previous technology-related enforcement suggests how relators and enforcement agencies might use AI to detect potential fraud and develop allegations based on how the technology is being used.
EnforceMintz — Tele-Fraud Enforcement in 2023 Remained Focused on Same Schemes as Years Past
February 8, 2024 | Blog | By Samantha Kingsbury
Government enforcement activities focused on tele-fraudsters remained active in 2023, with most enforcement actions focusing on fraud schemes involving medically unnecessary durable medical equipment or genetic testing, or both.
EnforceMintz — DOJ and OIG Guidance Emphasizes the Importance of a Robust and Dynamic Compliance Program
February 8, 2024 | Blog | By Cory S. Flashner, Samantha Kingsbury, Nick A. LaPalme
In 2023, the DOJ amplified compliance-related incentives for companies under criminal investigation (including health care companies), while the OIG has substantially revised and modernized previously issued compliance guidance and resources applicable to health care companies and providers.
EnforceMintz — Tech Corner: Q&A with Mintz’s E-Discovery Pro Regarding Artificial Intelligence
February 8, 2024 | Blog | By Samantha Kingsbury, John Koss, Trust D. Kupupika
This Q&A with John Koss, Managing Director of Mintz’s E-Data Consulting Group, delves into the work of the group along with the benefits, challenges, and emerging issues related to using AI in e-discovery.
EnforceMintz — A 2023 Legislative Push to Address AI in Health Care Will Continue in 2024
February 8, 2024 | Blog | By Daniel Cody, Brian Dunphy, Samantha Kingsbury
Since May 2023, federal legislators have introduced more than 50 bills focused on issues related to AI technologies, with patient privacy, the role of clinicians, and health equity emerging as areas of focus. In addition, the Biden administration released an Executive Order focused on promoting AI safety in October 2023.
EnforceMintz — 2023 Brings Uptick in Cybersecurity Enforcement, Insight Into Potential Risks
February 8, 2024 | Blog | By Samantha Kingsbury
An uptick in DOJ cybersecurity enforcement in 2023, includes two FCA settlements, an unsealed qui tam complaint, and significant regulatory activity that could pose future enforcement risk.
OIG Issues Advisory Opinion Nixing Purchased Services Arrangement Between Certain Anatomic Pathology Laboratories
October 3, 2023 | Blog | By Karen Lovitch, Samantha Kingsbury
Last week the Office of Inspector General for the U.S. Department of Health and Human Services (OIG) issued Advisory Opinion 23-06 (AO), which advised that a proposed arrangement between certain laboratories for the purchase of the technical component (TC) of anatomic pathology (AP) services (Proposed Arrangement) could generate prohibited remuneration under the federal Anti-Kickback Statute (AKS) and thus be grounds for the imposition of sanctions. As we discuss below, this AO was notable because the OIG’s decision seems to be driven by its views on the (lack of) commercial reasonableness of the arrangement and its skepticism regarding arrangements that “carve out” federal health care program business.
EnforceMintz — 2022 Teed Up Two False Claims Act Issues That the Supreme Court Is Poised to Answer in 2023
February 9, 2023 | Blog | By Samantha Kingsbury, Kevin McGinty
Over the last year, a few important questions related to False Claims Act (FCA) cases have garnered significant attention. Two of those questions ultimately made their way to the Supreme Court. In one case, which has already been argued, the Court addresses whether the government has authority to dismiss an FCA case brought by a private citizen on the government’s behalf (a qui tam action) after originally declining to intervene and, if so, the applicable standard of judicial review. More recently, the Court has agreed to hear two cases that address whether a defendant’s “objectively reasonable” interpretation of ambiguous statutory language presents a cognizable defense to “knowledge” under the FCA. We cover both of these issues in more detail.
EnforceMintz Newsletter — Health Care Enforcement Year In Review & 2023 Outlook
February 9, 2023 | Article | By Karen Lovitch, Brian Dunphy, Grady Campion, Kathryn Edgerton, Cory S. Flashner, Samantha Kingsbury, Kevin McGinty
Mintz’s Health Care Enforcement Defense Practice regularly provides a comprehensive examination of health care fraud enforcement trends in its new EnforceMintz newsletter. The inaugural issue delved into False Claims Act cases and enforcement activity related to telemedicine, Medicare Advantage, opioids, kickbacks, and more.
EnforceMintz — Significant 2022 Regulatory and Policy Developments
February 9, 2023 | Blog | By Samantha Kingsbury
From an agency guidance and regulatory developments perspective, 2022 was fairly quiet until the latter part of the year. Consistent with past practice, the Office of Inspector General for the Department of Health and Human Services (HHS OIG) issued a number of Advisory Opinions throughout the course of 2022. But DOJ issued four guidance documents between September 2022 and January 2023, all of which related to criminal prosecution of both individuals and corporations and reiterated a theme we have seen from DOJ over the last several years when discussing the resolution of cases: individual accountability, cooperation, and self-disclosure (among others). At tail end the end of December, Centers for Medicare & Medicaid Services (CMS) also issued a new proposed rule setting forth potential amendments to regulations for Medicare Part A - D regarding overpayments. We highlight some key takeaways from these publications below.
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