Robert Salcido has represented several Fortune 500 companies and major nonprofit health care systems in responding to governmental investigations, conducting internal investigations, defending lawsuits filed under the False Claims Act (FCA) and defending wrongful retaliation lawsuits brought by alleged whistleblowers. Mr. Salcido also provides counseling regarding the application of health care fraud and abuse laws.

Mr. Salcido was a trial attorney with the U.S. Department of Justice in the Civil Fraud Unit from 1988 to 1993. He prosecuted cases under the FCA, handled cases under the FCA’s voluntary disclosure provisions and specialized in whistleblower actions brought under the qui tam provisions of the FCA.

Significant Representations

Mr. Salcido has successfully litigated FCA cases to conclusion, including—

• United States v. Prabhu: Mr. Salcido represented defendant physician and multi-specialty group practice that the government accused of FCA violations. The District Court dismissed all the government’s claims on summary judgment. This case represented a rare instance in which defendants prevailed against the government on summary judgment in an FCA action. Ultimately, because the United States’ action lacked “substantial justification,” the United States was ordered to pay defendants more than $500,000 in legal fees. In making the ruling, the Court ruled that Medicare fraud law is an area of expertise and ruled that it was undisputed that Mr. Salcido possessed such expertise. Reported decisions: 442 F. Supp. 2d 1008 (D. Nev. 2006); 2007 U.S. Dist. LEXIS 81306 (D. Nev. Oct. 23, 2007); see also Order.
• In re Natural Gas Royalties Qui Tam Litigation: Mr. Salcido represented ExxonMobil in a qui tam action alleging that more than 300 defendants undervalued the heating content and volume of gas. The district court dismissed the relator’s action under the FCA public disclosure jurisdictional bar. The 10th Circuit affirmed the district court’s ruling. Mr. Salcido also successfully moved the Court to award defendants’ their attorney fees based upon the relator filing a frivolous action. Reported decisions: 562 F.3d 1032 (10th Cir. 2009); 467 F. Supp. 2d 1117 (D. Wyo. 2006); see also Order.
• United States of America ex rel. Jamison v. McKesson Corporation, et al.: Mr. Salcido represents Golden Living in an action where relator and government sued multiple defendants alleging that they created a supply company in violation of the Anti-Kickback Act and operated company in violation of Supplier Standards. The district court dismissed the relator from the action under FCA public disclosure bar and the Fifth Circuit affirmed the district court’s decision. Reported decisions. Reported decisions: 649 F.3d 322 (5th Cir. 2011); 784 F. Supp. 2d 664  (N.D. Miss. 2011); 2010 U.S. Dist. LEXIS 28562 (N.D. Miss. Mar. 25, 2010).
• United States ex rel. Huey vs. Summit Healthcare Ass’n, Inc.: Mr. Salcido represented a hospital management company where the relator alleged that the company had discovered that a client hospital had received a substantial Medicare overpayment and then conspired with the hospital to keep the overpayment hidden from the government. The court dismissed the relator’s action against the hospital management company, ruling that it could not have “caused” the hospital to submit false claims or “conspired” with it because the company’s mere knowledge that another party, the hospital, may be committing fraud, without more, does not result in an FCA violation, let alone a conspiracy to violate the FCA. Reported decision: 2011U.S. Dist. LEXIS 26740 (D. Ariz. Mar. 2, 2011).

Mr. Salcido has also been the lead FCA lawyer in substantial FCA cases and investigations that resulted in settlement, including—

• United States ex rel. Monahan v. Saint Barnabas Health Care System: Mr. Salcido represented healthcare system in two qui tam actions alleging that hospitals received excess Medicare outlier payments in violation of the FCA. The cases ultimately settled for $265 million.
• CoxHealth: Mr. Salcido represented hospital accused of violating FCA because of alleged violation of Stark law and Anti-Kickback law. The matter ultimately settled for $60 million.

Publications

Mr. Salcido has authored books and more than fifteen articles, including several cited in court decisions, regarding the FCA and healthcare fraud and abuse issues. His publications include—

Books:

• False Claims Act & the Healthcare Industry: Counseling & Litigation (2d ed. American Health Lawyers Ass’n 2008).
• False Claims Act & the Healthcare Industry: Counseling & Litigation February 2011 Cumulative Supplement (American Health Lawyers Ass’n 2011).

Chapters in Books:

• The False Claims Act in Health Care Prosecutions: Application of the Substantive, Qui Tam, and Voluntary Disclosure Provisions, in Health Care Fraud and Abuse: Practical Perspectives, Ch. 3 (2d ed. BNA Books 2007).
• Addressing Challenges in Defense of a Health Care Fraud or Abuse Investigation, in Inside the Minds: Responding to Health Care Fraud and Abuse Investigations, Ch. 4 (Aspatore Books 2008).
• When Legal Advice is Advisable, Coding for Chest Medicine, Ch. 28 (American College of Chest Physicians 2008).

Electronic Media:

• The Complete “Connected” Civil False Claims Act Laws and Cases, (American Health Lawyers Ass’n and LexisNexis, March 2007).

Articles:

• “The 2009 False Claims Act Amendments: Congress’ Efforts to Both Expand and Narrow the Scope of the False Claims Act,” 39 Public Contract Law Journal 741 (2010)
• “The Government’s Increasing Use of the False Claims Act Against the Health Care Industry,” The Journal of Legal Medicine (December 2003) [favorably cited in United States ex rel. Phillips v. Permian Residential Care Center, 386 F. Supp. 2d 879 (W.D. Tex. 2005) and United States ex rel. Bailey v. Ector County Hosp., 386 F. Supp. 2d 759 (W.D. Tex. 2004)]
• “HHS Expanded Use of Fraud Law’s ‘Corporate Death Sentence’ is Legally Suspect,” Washington Legal Foundation (June 2003)(co-authored with Ronald H. Clark and Gabriel L. Imperato)
• “The Public Disclosure Bar of the False Claims Act,” Health Care Fraud Litigation Reporter (April 2002)
• “The Government Unleashes the Stark Law to Enforce the False Claims Act: the Implications of the Government’s Theory for the Future of False Claims Act Enforcement,” The Health Lawyer (August 2001)
• “The Government’s Recent Law Enforcement Efforts: What Can Be Learned from the Latest FCA Complaints,” Health Care Fraud Litigation Reporter (June 2001)
• “The Government Declares War on Qui Tam Plaintiffs Who Lack Inside Information: The Government’s New Policy to Dismiss These Parties in False Claims Act Litigation,” 13 Health Lawyer 1 (October 2000) [favorably cited in United States ex rel. Bagley v. TRW, Inc., 212 F.R.D. 554 (C.D. Cal. 2003)]
• “The Supreme Court’s Ruling in Vermont Agency of Natural Resources v. United States and the Future of False Claims Act Qui Tam Actions,” 28 Health Law Digest 3 (American Health Lawyers Ass’n, August 2000)
• “Investigating Allegations of Fraud: Questions to Ask When Evaluating Whether Cost Report Claims Breach the False Claims Act,” Health Care Fraud Litigation Reporter (February 2000)
• “DOJ Must Reevaluate Use of False Claims Act in Medicare Disputes,” Washington Legal Foundation (Jan. 7, 2000)
• “Screening Out Unworthy Whistleblower Actions: An Historical Analysis of the Public Disclosure Jurisdictional Bar to Qui Tam Actions Under the False Claims Act,” 24 Public Contract Law Journal 237 (1995) [favorably cited in United States v. Board of Trustees of Stanford Univ., 161 F.3d 533 (9th Cir. 1998); United States ex rel. Findley v. FPC-Boron Employees’ Club, 105 F.3d 675 (D.C. Cir. 1997); United States ex rel. Ackley v. IBM, 76 F. Supp. 2d 654 (D. Md. 1999); and United States ex rel. Mistick PBT v. Housing Authority, 186 F.3d 376 (3d Cir. 1999) (dissenting opinion)]
• “Mixing Oil and Water: The Government’s Mistaken Use of the Medicare Anti-Kickback Statute in False Claims Act Prosecutions,” 6 Annals Health L.105 (1997)

Click here for a full list of Mr. Salcido’s articles.

Conferences

Mr. Salcido has lectured extensively on defenses to FCA actions, health care coding compliance and FCA whistleblower litigation. He has been a guest speaker at more than forty conferences, including national conferences sponsored by the American Bar Association, the American Health Lawyers Association and the Health Care Compliance Association. His speaking engagements have included—

• American Bar Association’s 21st Annual National Institute on Health Care Fraud, Miami Beach, Florida, Topic: Criminal and Civil Liability for Lack of Medical Necessity (May 11-13, 2011)
• American Health Lawyers Association Fraud and Compliance Forum, Baltimore, Maryland, Topic: How the Government Proves and How a Provider Can Defend Medical Necessity Claims (Sept. 26-28, 2010)
• American Bar Association’s 8th Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Washington, D.C., Topic: Recent Developments on Liability (June 3, 2010)
• American Conference Institute’s 10th National Forum on Fraud and Abuse in the Sale and Marketing of Drugs, New York, New York, Topic: Anticipating and Preparing for a Rise in Qui Tam Actions (March 24-25, 2010)
• American Conference Institute’s Advanced Forum on Financial Institution Fraud Enforcement & Financial Recovery Measures, New York, New York, Topic: Utilizing Recent FCA Cases and Enforcement Efforts on the Healthcare and Defense Fronts to Your Advantage as You Prepare for New FI Compliance Exposures (Nov. 16, 2009)
• American Health Lawyers Association Fraud and Compliance Forum, Baltimore, Maryland, Topic: How to Defeat the Government’s Claims that the Provider’s Services Lack Medical Necessity (Oct. 5, 2009)
• American Conference Institute 8th National Conference, Chicago, Illinois, Topic: Reducing Legal Risks in the Sale and Marketing of Medical Devices (Nov. 18, 2008)
• American Health Lawyers Association Fraud and Compliance Forum, Baltimore, Maryland, MD, Topic: How to Defeat the Government’s Claims that the Provider’s Services Lack Medical Necessity, (Oct. 6-7, 2008)
• American Bar Association Section of Public Contract Law, New York, NY, Topic: What a Defendant Must Know to be Liable under the False Claims Act: The Supreme Court’s Decision in Allison Engine Co. v. United States ex rel. Sanders (Aug. 11, 2008)
• American Bar Association Section of Litigation Annual Conference, Washington, D.C., Topic: Johnny Won’t You Blow Your Horn – Whistleblowers under the False Claims Act and the Sarbanes-Oxley Act (April 18, 2008)
• Sixth Annual Energy Litigation Conference, Houston, TX: “False Claims Act/Qui Tam Litigation” (October 10, 2007)
• American Bar Association Teleconference: “False Claims Act Updated: An Insiders’ View on Liability” (July 25, 2007)
• American Conference Institute State False Claims Summit, New York, NY: “Conducting Effective Investigations and Defending Actions in Parallel State and Federal FCA Proceedings” (May 23-24, 2007)
• American Conference Institute Advanced National Forum on False Claims Act Enforcement & Litigation, Washington, D.C.: “False Claims Act Actions 101: The Complete Primer” and “Getting the Most Paying the Least: Key Aspects of Damage Awards, Penalties, Taxes and Fees” (June 16-17, 2005)
• American Bar Association’s 2nd Annual Washington Healthcare Summit, Washington, D.C.: “Bringing and Defending Fraud and Abuse Cases: Recent Initiatives and Defenses” (Dec. 6-7, 2004)
• American Bar Association 14th Annual National Institute on Health Care Fraud 2004, New Orleans, LA: “Quality of Care and Fraud in Long-Term Care” (May 12-14, 2004)
• American Health Lawyers Association Teleconference: “False Claims Act and the Healthcare Industry: Recent Developments” (Jan. 27, 2004)
• American Bar Association’s 4th Annual Conference on Civil False Claims Act and Qui Tam Enforcement, Washington, D.C.: “Statutory Bars to Qui Tam Actions: Public Disclosure, Original Source and First to File” (Jan. 30-31, 2003)
• American Health Lawyers Association and Health Care Compliance Association Fraud & Abuse Compliance Forum, Washington, D.C.: “Preserving and Protecting Attorney-Client Information When Operating a Compliance Department” (Sept. 30, 2002)
• American Bar Association’s Conference on Emerging Issues in Healthcare Law 2002, Phoenix, AZ: “Emerging Issues in Health Care Fraud and Abuse” (March 1, 2002)
• American Health Lawyers Association’s Hospitals and Health Systems Law Institute, Scottsdale, AZ: “The Government’s Latest Enforcement Initiatives under the False Claims Act against Hospitals” (Feb. 7, 2002)
• American Bar Association’s 3rd Annual National Institute on the Civil False Claims Act and Qui Tam Enforcement, Washington, D.C.: “FCA Enforcement Against Medicare Part A Providers” (Nov. 29, 2001)
• American Bar Association’s Annual Meeting 2001, Chicago, IL: “Current Trends in Healthcare Fraud and Abuse” (Aug. 6, 2001)
• American Bar Association’s Conference on Health Care Fraud 2000, San Francisco, CA.: “Qui Tam False Claims Act Developments” (May 5, 2000)
• American Health Lawyers Association Conference on Long Term Care and the Law, Orlando, FL: “False Claims Act – Long Term Care and Home Health Agencies” (Feb. 2, 2000)
• American Bar Association’s Conference on The Civil False Claims Act and Qui Tam Enforcement, Washington, D.C.: “Recent Developments on Liability” (Jan. 13, 2000)
• American Health Lawyers Association Teleconference Seminar on “False Claims Act and the Healthcare Industry,” Washington, D.C.: “The Government’s and Private Person’s Enforcement of the False Claims Act and the Submission of Voluntary Disclosures” (June 4, 1999).

Click here for a full list of conferences at which Mr. Salcido has spoken.

Honors & Awards

Mr. Salcido is routinely listed as a leading practitioner in legal publications that rank attorneys based upon client surveys, including—

• listed in Chambers USA: America’s Leading Lawyers for Business, 2006-2011. In the 2011 edition of Chambers USA, Mr. Salcido is listed under Healthcare: Regulatory & Litigation, Leading Individuals (Nationwide) (Band 1) and as Healthcare Leading Individuals (District of Columbia) ( Band 1).
• selected for inclusion in Super Lawyers for Washington, D.C., in the area of Health Care, 2008-2011
• listed in Nightingale’s Healthcare News as Outstanding Fraud & Compliance Lawyer, 2004-2009
• named in the Washingtonian as one of Washington’s go-to lawyers in whistleblower litigation, 2004
• U.S. Department of Health and Human Services’ Integrity Award, highest citation awarded to those outside the agency awarded for contributing to the agency’s mission (1992)
• U.S. Department of Justice Special Achievement Award, awarded for Superior Sustained Performance of Duty for 1992
• U.S. Department of Justice Special Achievement Award, awarded for Superior Sustained Performance of Duty for 1991.

Mr. Salcido received his B.A. from Claremont McKenna College in 1984 and his J.D. from Harvard Law School in 1988. He is a member of the District of Columbia Bar.