David B. Honig
  Attorney

Presentations

The False Claims Act After Escobar and the Penalties Increase, Indiana State Bar Association, Health Law Symposium, Indianapolis, November 2, 2016.
[11/02/2016] SEE MORE

BIOGRAPHY

David Honig joined Hall Render in 2000 after creating the nation’s first Medicaid Fraud Major Case Unit for the state of Florida. He is the lead author of Healthcare and the False Claims Act, 2016, from Healthcare Publishing. Mr. Honig has written extensively and spoken around the country about the False Claims Act. He has represented health care clients in FCA cases in states around the country, in more than a dozen federal trial courts and before federal courts of appeal and the United States Supreme Court.

EDUCATION

Washington University, St. Louis, B.A. - 1984

University of Florida College of Law, J.D., with honors - 1987

ADMITTED TO BAR

  • Florida Supreme Court - 1987
  • Illinois Supreme Court - 1992
  • Indiana Supreme Court - 2000
  • Washington, D.C. Court of Appeals - 2017
  • U.S. District Court, Northern District of Illinois - 1994
  • U.S. District Court, Northern & Southern Districts of Indiana - 2001
  • U.S. District Court, Southern Districts of Indiana - 2001
  • U.S. District Court, Central District of Illinois - 2002
  • U.S. District Court, Southern District of Illinois - 2004
  • U.S. District Court, Northern & Southern Districts of Florida - 2014
  • U.S. District Court, Southern Districts of Florida - 2014
  • U.S. District Court, Washington D.C. - 2016
  • Seventh Circuit Court of Appeals - 2004
  • Eleventh Circuit Court of Appeals - 2004
  • Second Circuit Court of Appeals - 2006
  • Washington, D.C. Circuit Court of Appeals - 2016
  • U.S. Supreme Court - 2004

memberships

  • Florida State Bar Association
  • Illinois State Bar Association
  • Indiana State Bar Association
  • Washington, D.C. Bar Association
  • American Health Lawyers Association
  • National Association of Criminal Defense Lawyers

Experience

  • Senior Attorney, Office of the Florida Attorney General – 1996-2000
  • Chief, Major Case Unit, Medicaid Fraud Control Unit – 1997-2000
  • Office of Janet Reno, State Attorney for the Eleventh Judicial Circuit, Dade County, Florida – 1987-1993

Significant Cases

Mr. Honig has represented clients around the country facing False Claims Act allegations, both from the government and from qui tam whistleblowers. Such representations includes:
  • United States ex rel. Cosens v. The Baylor University Medical Center, et al., dismissed by the United States District Court, Connecticut, after successful appeal to the Second Circuit Court of Appeals. Mr. Honig represented three hospitals in two states in a nationwide whistleblower case alleging improper use of cardiac devices.
  • United States ex rel. Walters v. Daughters of Charity, dismissed by the United States District Court, Southern District of Alabama, affirmed by the Eleventh Circuit Court of Appeals, certiorari denied by the United States Supreme Court. Mr. Honig represented the hospital before the trial court, as well as the Court of Appeals and the United States Supreme Court. The case was brought by a whistleblower, alleging improper use of insulin for Medicare Part A patients.
  • United States ex rel. Gross v. AIDS Alliance, dismissed by the United States District Court, Northern District of Illinois, affirmed by the Seventh Circuit Court of Appeals. Mr. Honig represented the institutional review board before the trial court and the court of appeals, in a whistleblower case alleging mismanagement of federal research grants.
  • United States ex rel. Wilson v. Emergency Medical Associates of Illinois, Inc., dismissed by the United States District Court, Northern District of Illinois. Mr. Honig represented the defendant before the trial court in a whistleblower case alleging Medicare fraud for physician billing in a teaching hospital.
  • Shah v. Porter Memorial Hospital, dismissed with prejudice in the Northern District of Indiana. Mr. Honig represented the defendant against a retaliation claim under the FCA.
  • Chomer v. Logansport Memorial Hospital, dismissed with prejudice in the Southern District of Indiana. Mr. Honig represented the hospital against an FCA claim based upon allegations of Stark Act and Anti-Kickback Statute violations.
  • United States ex rel. Camillo v. Ancilla Systems, Inc., dismissed by the United States District Court, Southern District of Illinois. Mr. Honig represented the hospital in a claim related to unbundling of laboratory services and fraudulent reporting of travel expenses.
  • United States ex rel. Herron v. Indianapolis Neurosurgical Group, et al., settled in the Southern District of Indiana. Mr. Honig represented the physician practice and individual physicians in a whistleblower case alleging over-billing of evaluation and management codes.
  • United States ex rel. Tucker v. Nayak, dismissed by summary judgment, in the Central District of Illinois. Mr. Honig represented a doctor in a whistleblower case alleging improper “incident to” billing of office and diagnostic services.
  • United States ex rel. Coots v. Reid Memorial Hospital, dismissed, in the Southern District of Indiana. Mr. Honig represented the hospital in a whistleblower case alleging Stark Act and Anti-Kickback violations, upcoding of services and the use of false diagnostic codes.
  • United States ex rel. Howze v. Sleep Centers of Fort Wayne, pending in the Northern District of Indiana. Mr. Honig represents the defendant in a whistleblower claim alleging retaliation and the submission of false claims due to failure to follow administrative procedures.
  • United States ex rel. Huey v. Summit Healthcare Association, settled in the Arizona District Court. Mr. Honig represented the hospital in a whistleblower case alleging improper Medicare billing of observation patient visits.
  • United States ex rel. Schulten v. Gibson Memorial Hospital, settled a retaliation claim, with all fraud claims dismissed, in the Southern District of Indiana. Mr. Honig represented the hospital and affiliated entities in a whistleblower case alleging Stark Law and Anti-Kickback Statute violations.
  • United States ex rel. Beck v. Midwest Eye Consultants, dismissed in part and settled in part in the Northern District of Indiana. Mr. Honig represented the physician practice in a whistleblower claim alleging violations of the Stark Law and the Anti-Kickback Statute.
  • United States v. Shelby Memorial Hospital, settled in the Central District of Illinois. Mr. Honig represented the hospital in a case brought by the government alleging upcoding of pneumonia diagnosis codes for Medicare Part A patients.
  • United States ex rel. (Sealed) vs. (Sealed),  Mr. Honig represented a large hospital group accused of Stark and Anti-Kickback violations in a sealed whistleblower case. He was instrumental in persuading the government to decline intervention. The whistleblower then voluntarily dismissed the complaint.
  • United States ex rel. (Sealed) vs. (Sealed), Mr. Honig represented a hospital accused of over-billing laboratory claims in a sealed whistleblower case. He was able, through negotiation and document production, to persuade the government to decline intervention. The whistleblower then voluntarily dismissed the complaint.
Mr. Honig has represented clients in appellate courts around the country. Representative cases include:
  • United States ex rel. Walters v. Daughters of Charity, Mr. Honig successfully defended dismissal of an FCA suit alleging overbilling for medication before the Eleventh Circuit Court of Appeals, and the United States Supreme Court.
  • United States ex rel. Cosens v. The Baylor University Medical Center, et al., Mr. Honig represented three hospitals in a group appeal to the Second Circuit Court of Appeals, reversing the trial court's refusal to dismiss a False Claims Act suit alleging improper use of cardiac devices.
  • United States ex rel. Gross v. AIDS Alliance, Mr. Honig successfully represented the institutional review board before the Seventh Circuit of Appeals in this oft-quoted and precedent-setting whistleblower case alleging mismanagement of federal research grants.
  • United States ex rel. Camillo v. Ancilla Systems, Inc., Mr. Honig represented the hospital before the Seventh Circuit Court of Appeals, successfully defending against the Government's appeal of dismissal in a claim related to unbundling of laboratory services and fraudulent reporting of travel expenses.
  • Larsen v. Provena Hospitals, Mr. Honig represented the hospital in the precedent-setting decision of the Illinois Court of Appeals clarifying and strengthening hospitals' immunity under the Illinois Hospital Licensing Act.
  • Smith v. Brendonwood Common, Inc., Mr. Honig represented the common interest community before the Indiana Court of Appeals in a successful appeal of the dismissal of a suit against an incorporated neighborhood.
  • Ramirez v. State of Florida, Mr. Honig successfully represented a criminal defendant on death row in a precedent-setting case setting out the proper procedure for introduction of groundbreaking scientific evidence.

Publications and Presentations

Mr. Honig has also written and spoken extensively on the False Claims Act, including the following.

  • Update of False Certification and Implied False Certification Actions under the False Claims Act, Kathryn Elias Cordell and David B. Honig, The Florida Bar, Health Section Newsletter, Vol. XIV, No. 1, March 2007.
  • Prolific plaintiffs or rabid relators? Recent developments in False Claims Act Litigation, Keith D. Barber, David B. Honig and Neal A. Cooper, 1 Ind. Health L. Rev. 131-173 (2004).
  • False Claims Act: Limiting the Breadth of Qui Tam Relators’ Discovery, David B. Honig and Neal A. Cooper, Health Lawyers Weekly, August 15, 2003;
  • False Claims Act presentation and Mock Trial, Health Financial Management Associations in Indiana, Illinois, Michigan, Ohio, Missouri, Kentucky, New Hampshire, and Massachusetts.
  • Lead Author, Healthcare and the False Claims Act, 2016, Healthlaw Publishing, 2017.
  • Health Care Providers Beware: Enforceability of FCA Releases Questioned, with William D. Roberts, Louisville Business First, July 8, 2016.
  • The False Claims Act After Escobar and the Penalties Increase, Indiana State Bar Association, Health Law Symposium, Indianapolis, November 2, 2016.
  • Med School for Judges: A Crash Course in Medical Litigation, National Judge’s Medical School, Indiana University School of Law – Indianapolis. (2008).
  • You Could Be on the Hook — How Leaders Can Protect Themselves from Individual Liability, with Amy Garrigues, Modern Healthcare, October 25, 2017.