Joseph E.H. "Eric" Atkinson

Partner
Joseph E.H. "Eric" Atkinson

Joseph E.H. "Eric" Atkinson

PARTNER
RICHMOND
T: 804.977.3305
F: 804.799.7866

Mr. Atkinson's practice focuses on representing healthcare providers in all phases of regulatory, civil, and criminal litigation. He regularly advises hospitals, long term care facilities, physicians, specialty practices, home health agencies, physical therapists, mental health practitioners, and other providers on healthcare related issues, including government investigations, corporate compliance, fraud and abuse, and provider billing and reimbursement. He routinely assists with due diligence for compliance matters, self-reporting and payor appeals in provider transactions.

Mr. Atkinson has extensive experience regarding Department of Justice, Health and Human Services – Office of Inspector General, Federal Bureau of Investigation, and state Attorney General investigations and litigation, gleaned from years working with the state and federal government. He previously served as the Chief of Fraud and Corporate Neglect Investigations for the Virginia Attorney General’s Health Care Fraud and Elder Abuse Section. He also served as a Special Assistant U.S. Attorney for the U.S. Attorney’s Offices in both the Eastern and Western Districts of Virginia, focusing exclusively on healthcare fraud matters. He formulated policy positions and crafted legislative changes to improve oversight of healthcare providers reimbursed by the federal healthcare programs.

Mr. Atkinson also serves as a JAG attorney for the United States Air Force Reserve.
 

Recognitions

  • Virginia Business magazine, "Legal Elite"
  • OIG Exceptional Achievement Award
 

Memberships & Activities

  • Member: American Health Lawyers Association
  • Member: Health Care Compliance Association
  • Member: John Marshall American Inn of Court
  • Member: Virginia State Bar

Representative Experience

  • Representation of health system in defense of OIG investigation initiated by the OIG consolidated data analysis center
  • Representation of mental health service providers responding to joint FBI, IRS, and state Attorney General healthcare fraud investigations
  • Representation of physician practice in response to False Claims Act investigation premised on alleged violations of the Anti-Kickback Statute
  • Representation of TRICARE provider in federal healthcare fraud investigation into billing and reimbursement practices
  • Representation of physician practice groups responding to demands and litigation filed by lab testing organization’s liquidating trustee
  • Conduct internal investigation into health system compliance hotline complaints alleging falsification of patient records and other acts of alleged noncompliance
  • Conduct analysis of overpayment liability for healthcare providers employing direct-care staff with suspended or restricted licenses
  • Defend physician practice groups in audits and demands from MAC and ZPIC auditors evaluating E/M billing
  • Representation of hospitals, health systems, and long term care facilities in evaluation and internal investigation of overpayment liability for billing for non-covered services
  • Performance of compliance program assessment and recommend adjustments and improvements for multi-specialty physician practice’s compliance program
  • Performance of compliance assessment and compliance officer training for medical billing and medical record software development company’s corporate compliance program
  • Performance of compliance assessment and follow-on compliance support services for long term care organization’s compliance program
 

Notable Related Government Experience

  • Investigation and prosecution under federal RICO statute of long term care company owner, operators, administrator, director of nursing, and direct-care staff
  • Investigation and federal prosecution of both healthcare provider and outside marketing agency for $1.5 million fraud and violations of the Anti-Kickback Statute related to the marketing practices
  • Investigation and prosecution utilizing the Health Care Fraud and federal aggravated identity theft statutes in a first-of-its-kind prosecution of a healthcare provider, subsequently upheld by the Fourth Circuit
  • Federal prosecution of a home health agency and its owner reported at the time as the largest fraud case against a home health agency in Virginia
  • State investigation and prosecution of Medicaid-contracted home and personal care services company owner for utilizing workers without appropriate qualifications and training
  • Federal Health Care Fraud investigation and prosecution provider office staff for falsification of prior-authorization criteria
  • Federal investigation of healthcare company owner and office staff for alteration of patient records in preparation for an audit leading to prosecution of owner for Health Care Fraud
  • State investigation and prosecution of direct-care providers in long term care setting for falsification of patient records
  • State investigation and prosecution of long term care business office manager for cost report fraud
  • Joint federal False Claims Act and state Fraud Against Taxpayers Act investigation and settlement of cost report fraud committed by a long term care company
  • Joint federal False Claims Act and state Fraud Against Taxpayers Act investigation and settlement against dental provider for billing for unnecessary dental services