Chicago Healthcare Fraud Defense Lawyer

Medicare and Medicaid Audit Defense

Any healthcare provider audit often begins with a records or document request from Medicare, Medicaid, or one of their auditing contractors. These requests are often justified by the agencies assertion that there is “credible evidence regarding data analysis findings.” Retaining an experienced Chicago audit defense attorney at this stage can offer the provider with legal guidance regarding the record production and steps moving forward. If Medicare or Medicaid determines that there was an overpayment it is imperative that an experienced audit defense attorney be retained no matter how insignificant the recoupment amount, since multiple small recoupments can lead Medicare to issuing a letter notifying the provider of a suspension of payments and a revocation of billing privileges asserting a high percentage of denied audited claims.

Successful results have included no recoupment actions to recoupments reduced from $1.6 million to a few hundred dollars; $400,000 to $37,500, and over $341,000 to about $2,700.

White Collar Defense

The defense of individuals or companies being investigated or charged with a white-collar crime flows seamlessly from Mr. Rosenblat’s experience as an audit defense attorney and from his experience as a prosecutor in both the Army and at the Illinois Attorney General’s Office where he served as Deputy Chief Criminal Prosecutions. Most white-collar crimes, from health care fraud to embezzlement, involve some financial or claims analysis. As a Chicago white collar defense attorney, Mr. Rosenblat applies the skill, judgment, and excellence that he learned from his over 35 years of experience prosecuting or representing defendants charged with a white-collar crime.

Successful results have included a client not being charged after receiving a letter from a United States Attorney’s Office offering the target an opportunity to plead guilty before the case was brought before the grand jury for indictment; a provider who was issuing fraudulent opioid prescriptions received a deferred prosecution agreement and no adverse action from the Illinois Department of Financial and Professional Regulation; and defendants who pleaded guilty receiving sentences substantially below the Federal Sentencing Guidelines range.

False Claims Act

Michael C. Rosenblat has a thorough understanding of the False Claims Act due to his assignments to the Illinois Medicaid Fraud Control Unit, the Illinois Attorney General’s Special Litigation Bureau, the AG’s Criminal Prosecutions Bureau, and as a private Chicago False Claims Act lawyer prosecuting False Claims Act cases on behalf of whistleblowers. Mr. Rosenblat is the author of Prosecuting a Claim Under the Illinois False Claims Act, which is a chapter in the Employment Termination: Procedures, Grounds, and Challenges 2022 Edition, published by the Illinois Institute for Continuing Legal Education.

Attorney Rosenblat’s False Claims Act clients are typically insiders seeking to stop fraud, waste, and abuse through the False Claims Act and related state statutes. These individuals are known as whistleblowers, relators, or qui tam plaintiffs. Mr. Rosenblat produces winning False Claims Act complaints and extensive disclosures of material evidence that are provided to the government as required by statute.

Successful results include, U.S., ex Rel. Tyson v. Amerigroup Illinois, Inc. which after trial settled for $225 million, and Stericycle which settled for $26.75 million.

Administrative Separations and UCMJ Actions

After completing law school, Mr. Rosenblat enlisted in the Army after having been accepted into Officer Candidate School. Mr. Rosenblat attended basic training at Fort Leonard Wood, and Officer Candidate School at Fort Moore, formerly Fort Benning, in Georgia. After successfully graduating from Officer Candidate School, Mr. Rosenblat was commissioned as a Second Lieutenant and branched infantry. Lieutenant Rosenblat then completed his infantry officer’s course and airborne school. Lieutenant Rosenblat was then assigned as a platoon leader with the 7^th Infantry Division, Fort Ord, California. After having served as a platoon leader and in a garrison position, Lieutenant Rosenblat, branch transferred to the Judge Advocate Generals Corps, attended the JAG officers’ course, was promoted to Captain and assigned as a trial counsel, prosecutor, with the 9^th Infantry Division at Fort Lewis, Washington. While with the 9^th Infantry Division, Captain Rosenblat was deployed with the 593^rd Area Support Group to Dharan, Saudi Arabia, as the unit’s Command Judge Advocate. Upon being redeployed to Fort Lewis, Captain Rosenblat was assigned to Trial Defense Services as a military defense attorney.