Key Experience

  • Represents Fortune 500 companies, major nonprofit health care systems and executives in responding to governmental civil and criminal investigations.
  • Is one of the few lawyers who has successfully litigated multiple False Claims Act (FCA) actions against the government at trial and at summary judgment.
  • Has authored an extensive (975 pages) FCA treatise and more than 20 articles and spoken at more than 60 conferences regarding the scope and application of the FCA and health care fraud and abuse laws.
  • Is routinely listed as a leading practitioner in major legal rankings.

Practice

Robert Salcido represents clients in FCA and qui tam litigation and provides counseling regarding the application of health care fraud and abuse laws. As lead counsel, he has successfully defended a number of FCA actions by obtaining the dismissal of the lawsuit on appeal, at trial, at summary judgment and at the pleading stage.

Representative Work

Robert has successfully defended FCA actions at trial, summary judgment, appeal, and at the pleading stage.

  • Represented defendants, an operator of a chain of skilled nursing companies and a rehabilitation company, during a five-week FCA jury trial. Based upon the trial record, the district court entered judgment for the defendants ruling that the relator did not establish FCA materiality at trial as a matter of law. Reported Decision: United States ex rel. Ruckh v. Salus Rehab., LLC, 304 F. Supp. 3d 1258 (M.D. Fla. 2018).
  • Represented Golden Living in an FCA action where the federal government had sued Golden Living’s predecessor company, Beverly Enterprises, for $895 million, alleging that Beverly had engaged in an unlawful kickback scheme with McKesson Corp. in violation of the Anti-Kickback Act and the FCA. After 14 days of trial, the court ruled that Beverly and McKesson did not violate the FCA or the Anti-Kickback Act because their business negotiations were fair, reasonable and conducted in good faith. Reported Decision: United States of America ex rel. Jamison v. McKesson Corp., 900 F. Supp. 2d 683 (N.D.  Miss. 2012).

Recent Successful FCA Actions at Summary Judgment

  • Represented Aegis Therapies and a Golden Living skilled nursing facility where the federal government had alleged that defendants provided medically unnecessary rehabilitation therapy. The district court granted defendants’ summary judgment motion. Reported Decision: United States ex rel. Lawson v. Aegis Therapies, Inc., 2015 U.S. Dist. LEXIS 45221 (S.D. Ga. Mar. 31, 2015).
  • Represented a physician and multispecialty group practice that the government accused of providing medically unnecessary services. The district court dismissed all of the government’s claims on summary judgment. 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 that it was undisputed that Robert possessed such expertise. Reported Decision: United States v. Prabhu, 442 F. Supp. 2d 1008 (D. Nev. 2006).
  • Represented Huron Consulting Group in a qui tam action alleging that Huron caused St. Vincent’s Catholic Medical Centers to inflate its charges to obtain an unlawfully excessive amount of Medicare outlier payments. At summary judgment, the court dismissed plaintiff’s claim, ruling that there could be no FCA violation as a matter of law because the alleged practice—raising charges on the chargemaster, which resulted in the receipt of additional outlier payments—“was not forbidden by either regulation or standard practice.”  Reported Decision: United States ex rel. Assoc. Against Outlier Fraud v. Huron Consulting Grp., Inc., 929 F. Supp. 2d 245 (S.D.N.Y. 2013).

Speeches

Recognition