Jesse A. Witten

Partner

Washington

(202) 230-5146 phone
(202) 842-8465 fax

Jesse A. Witten is a partner in the firm's Litigation Group and is a member of the White Collar Criminal Defense & Corporate Investigations Team.  Before joining Drinker Biddle, he served as a Deputy Associate Attorney General in the United States Department of Justice where his duties included co-chairing the DOJ's health care fraud task force.  He also served as a Deputy Assistant Attorney General in the DOJ Environment and Natural Resources Division.  He previously was a partner with an international law firm.

Jesse focuses his practice on fraud and abuse matters. He defends health care providers, pharmaceutical manufactures and other health industry clients in government investigations and litigation, especially False Claims Act matters. Jesse also assists clients in internal corporate investigations and self-disclosures to the government of regulatory violations and Medicare/Medicaid overpayment. In addition, he counsels clients on compliance with Anti-Kickback Statute and Stark Law, and laws governing the sale and marketing of medical devices and pharmaceutical products.

Jesse earned his J.D., magna cum laude, from Harvard Law School and his A.B., Phi Beta Kappa in economics from Princeton University. He is listed in Chambers USA: America's Leading Lawyers for Business and Best Lawyers in America. Chambers has described Jesse as “highly praised” for his practice focusing on fraud and abuse and defending government investigations, and as “extremely effective,”  “very pragmatic,” “thorough,”  and “a very good strategist.” He was also selected as an Outstanding Health Care Litigator by Nightingale's Health Law News.

Jesse has taught a Health Law course at George Washington University and is a frequent speaker at health care conferences. He has also published numerous articles on Medicare fraud enforcement and health care compliance topics.

 

Matters

  • Defense of government investigations and enforcement actions alleging Medicare/Medicaid fraud.  Jesse has defended hospitals and other providers accused of violating the Anti-Kickback Statute and Stark Law, reporting unallowed costs on Medicare cost reports, DRG upcoding, inflating charges to obtain excess Medicare outlier reimbursement, billing Medicare Part A for patients who did not satisfy inpatient criteria and other alleged fraud.  He has also defended medical device manufacturers accused of illegal financial relationships with physicians and marketing non-FDA-approved devices, and pharmaceutical manufacturers accused of reporting false prices to Medicare and Medicaid.
  • Counseling pharmaceutical and device manufacturers, health plans, hospitals and other providers on numerous health law issues, including: (i) Medicare and Medicaid reimbursement; (ii) compliance with Anti-Kickback and Stark laws; (iii) Medicaid and Medicare price reporting requirements for pharmaceutical manufacturers; and (iv) implementation and operation of corporate compliance programs;
  • Advise clients on compliance with the Foreign Corrupt Practices Act and other international anti-corruption requirements;
  • Assisted providers in making disclosures of regulatory violations under the HHS-OIG and CMS Self-Disclosure Protocols;
  • Assisted in submission of requests for advisory opinions from the HHS-OIG;
  • Obtained permanent injunction terminating a CMS Medicare demonstration project in New Jersey on “gainsharing”;
  • Represented major research institution in investigation of alleged scientific research misconduct;
  • Defended nonprofit hospitals accused of alleged excessive charges and unlawfully aggressive collections practices in violation of IRS laws governing tax-exempt hospitals; and
  • Obtained reversal of murder conviction of an innocent man on death row.

Publications

5/31/2016
Pratt’s Government Contract Law Report
Sixth Circuit Strikes a Blow to the Government’s False Claims Act Damages Theory
3/14/2016
Client Alert
Will the Supreme Court Put the Brakes on False Claims Act Litigation?
2/24/2016
Client Alert
Sixth Circuit Strikes a Blow to the Government's False Claims Act Damages Theory
9/1/2015
Journal of Health Care Compliance
Avoiding Qui Tam Lawsuits by Properly Handling Disgruntled Employees
7/15/2015
AHLA Executive Summary
Fourth Circuit Affirms $237 Million Judgment Against Tuomey Finding No Error in Jury's Conclusion That Physician Compensation Varied with Volume or Value of Referrals
3/13/2015
White Collar Criminal Alert
The False Claims Act 2015: DOJ Policies and Judicial Decisions Likely to Lead to an Increase in FCA Claims
11/19/2014
Law360
Why the Supreme Court Decided to Hear King v. Burwell
7/16/2014
Health Care Insight
Teaching Hospitals and Physicians Must Take Action Now to Correct Erroneous Reports about them Submitted Under the Sunshine Act
7/8/2014
Health Care Insight
The Government Intervenes In False Claims Act Case Alleging Failure To Return Overpayments Within 60 Days
6/30/2014
DC Bar
Taking the Stand: Time to Retire the 'R' Reference?
3/6/2014
Health Care Insight
Supreme Court May Review Case Vastly Expanding False Claims Act Exposure
2/28/2014
Med Monthly
Centers for Medicare & Medicaid Services (CMS) Adopts New Policy Permitting Release of Physician Medicare Billing Data to the Public
2/26/2014
Law 360
High Court Should Reverse 4th Circ.'s Flawed FCA Ruling
1/28/2014
Health Care Insight
CMS Adopts New Policy Permitting Release of Physician Medicare Billing Data to the Public
11/15/2013
Health Care Insight
Court Rules Florida Hospital Violated Stark Law in Oncologist Payment Case
10/3/2013
Health Care Insight
Department of Justice ICD Investigation Update: First Settlement Announced
7/31/2013
Client Alert
Life Sciences Now Newsletter
2/1/2013
The Advisory Board Company Daily Briefing
Criminal Enforcement of Improper Health System Billing
1/17/2013
Client Alert
American Taxpayer Relief Act of 2012 Authorizes Extension of Recovery Period for Medicare Overpayments
1/4/2013
Client Alert
High Number of Short-Stay Inpatients Leads to Criminal Enforcement Against Health System
8/20/2012
Pharmaceutical Compliance Monitor
Pharmaceutical Industry Executives Face Enforcement Risks Under the Responsible Corporate Officer Doctrine
8/3/2012
Inside Counsel
New Rules for Enforcement of Eucomed Code of Ethics
6/22/2012
Inside Counsel
Technology: Abbott's $1.6 billion global settlement illustrates government's commitment to health care fraud enforcement
6/1/2011
Health Care Fraud Report
The Government’s Investigation of Medicare Billing for ICDs is Based on a Flawed Legal Premise
1/1/2011
2011 Health Law and Compliance Update
The Fraud and Abuse and Program Integrity Provisions of the Health Care Reform Legislation
5/1/2010
20th Annual National Institute on Health Care Fraud
Stark Law Enforcement and Compliance Developments, 2009-2010
12/2/2009
BNA Health Care Fraud Report
Will Congress Fix the Stark Law Disclosure Dilemma?
8/11/2006
Business Crimes Reporter
Defending Reverse False Claims Allegations
5/9/2006
Compliance Today (co-author)
The Doctor Will See You Now: Concierge Care Is Reacquainting Physicians With Their Patients, But Can Pose Regulatory Risk
5/2/2006
Pharmaceutical Executive (co-author)
Pharma Companies Face Scrutiny Over Foreign Physician Relationships
3/29/2006
Health Care Fraud Reporter (BNA) (co-author)
U.S. Supreme Court Declines Again To Interpret FCA Public Disclosure Bar
1/13/2005
Health Law Reporter (BNA)
NFP Litigation Update: Early Decisions By Federal Courts Favor Hospitals
1/5/2005
Pharmaceutical Executive (co-author)
California Compliance: A New State Law Says Pharma Companies Must Establish Internal Compliance Programs
9/28/2004
MX Magazine (co-author)
Competitive Bidding: The Future of Medicare Durable Medical Equipment Reimbursement
11/12/2003
Compliance Today (co-author)
Outpatient Outlier Payments Are Also Coming Under Government Scrutiny
9/5/1999
Business Crimes Bulletin (co-author)
Hospital Compliance Programs Face Outsourcing Dilemma
8/19/1999
Health Law Rep. (BNA) (co-author)
HHS IG’s Gainsharing Prohibition Lacks Legal Support
8/11/1999
Health Care Fraud Rep. (BNA) (co-author)
HHS IG’s Gainsharing Prohibition Lacks Legal Support
7/5/1999
Healthcare Financial Management (co-author)
Insurance Policies May Cover Costs of False Claims Act Litigation
1/5/1999
The Health Care Compliance Professional's Manual, Health Care Compliance Association (co-author)
Conducting Internal Investigations and Reviews
1/5/1998
Civil False Claims Act and Qui Tam Enforcement, American Bar Association (co-author)
Pre-trial Motions Practice in False Claims Act Litigation Against Healthcare Providers
5/16/1997
VSB Health Law News (co-author)
The Government’s Model Compliance Plan for Clinical Laboratories: Useful Guidance or Misleading Advertisement?
5/23/1995
Mealey’s Litigation Reports/Insurance (co-author)
Smoking Out Tobacco Coverage Arguments

Events

5/26/2015
Clear Law Institute
OIG and CMS Voluntary Self-Disclosure: What You Need to Know – OnDemand
4/2/2015
American University Washington School of Law Symposium
King v. Burwell: What’s at Stake?
3/10/2015
Intellectual Property Owners Education Foundation (IPOEF)
Marks That May Disparage
2/26/2015
AHLA Webinar
The Intersection of Stark Law and Medicaid Claims: A Panel Discussion of Recent Litigation and the Government’s Evolving Position
2/6/2015
Taylor Wessing Seminar
Current Developments in Medical Devices Law
11/21/2014
Council for Medical Specialty Societies
Issues to Consider in Clinical Practice Guidelines Development
10/7/2014
American Health Lawyers Association
Rules of the Road in Investigating and Disclosing Overpayments
9/24/2014
Strafford CLE Webinar
OIG and CMS Voluntary Self Disclosures: Weighing the Risks and Rewards of Self Reporting
8/27/2014
Health Care Compliance Association Webinar
The Latest Stark Law Developments: New Theories, New Risks, New Issues
6/11/2014
Centers for Medicare and Medicaid Services, Drinker Biddle, and Navigant Consulting webinar
Navigant Presents: Meaningful Use Incentive Program Audits - Do You Really Know What You’re Attesting?
3/27/2014
Drinker Biddle Webinar
A Deep Dive into Current Stark Law Litigation
2/10/2014
American University Washington College of Law
First Annual Sports Law Symposium
2/7/2014
Mid-South Intellectual Property Institute
Challenges to the Trademark Registration of the Washington D.C. NFL football team
9/29/2013
American Health Lawyers Association’s Fraud & Compliance Forum
What’s New in Hospital Fraud and Abuse?
9/26/2013
Drinker Biddle Webinar
Understanding the Sunshine Act
8/6/2013
CLE Webinar
OIG/CMS Voluntary Self Disclosures: Updated Options and Settlements
9/18/2012
Kansas Global Trade Services
Going the Distance: Risk Management Strategies for Furthering Your Company’s Global Strategic Plan
7/17/2012
Strafford CLE Webinar
CMS Voluntary Self-Referral Disclosure Protocol: Latest Developments
6/14/2011
FX Conferences
Reducing Your Risk Under the FCPA & Other Anti-Corruption Laws
3/29/2011
American Conference Institute
Directing Non-U.S. Based Operations on Global Fraud and Abuse Risks Under the Foreign Corrupt Practices Act (FCPA)
11/9/2010
Q1 Productions’ Pharmaceutical Compliance: Off-Label Drug Promotion Conference
Panel Discussion: Managing Risk for Products with High Off-Label Use
9/27/2010
2010 American Health Lawyers Association Fraud and Compliance Forum
Legal Ethics -- Advising Clients on Novel Legal Issues: Lessons from the DOJ Interrogation Memos
5/19/2010
Health Law Breakfast Briefing
Fraud and Abuse Enforcement in the Obama Era
4/28/2010
American Conference Institute
Current Foreign Corrupt Practices Act Enforcement Initiatives and Controlling Overseas Operations
4/27/2010
American Conference Institute
Controlling Off-Label Risks When Disseminating Information
3/9/2010
Bay Area Life Sciences Inhouse Lawyers Group
Update on Federal Enforcement of MedTech Industry & Issues For Emerging companies
12/3/2009
The ABA Criminal Justice Section White Collar Crime Committee, Mid-Atlantic Region, and the Mid-Atlantic and Philadelphia Young Lawyer Subcommittees
Under the Microscope: Increased Fraud Enforcement in the Medical Device Industry
9/22/2008
AdvaMed 2008 Annual Conference
New Trends in Medical Device Fraud & Abuse/Off-Label Promotion Enforcement
6/18/2008
BIO International Conference
Emerging Enforcement Trends: Clinical Trials and Sponsored Research
6/17/2008
BIO International Conference
Off-Label Dissemination: Legal, Regulatory and Policy Issues in Federal Criminal and Civil Cases
8/14/2007
FDA News Teleconference
Negotiating Corporate Integrity Agreements
3/21/2007
American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues
Medicaid Drug Rebate Regulatory and Enforcement Developments
2/5/2007
American Health Lawyers Association, Hospitals and Health Systems Law Institute
Handling Potential Whistleblowers and Responding to Government Investigations
3/23/2006
American Health Lawyers Association, Medicare & Medicaid Payment Issues Conference
Regulatory and Enforcement Developments in the Medicaid Drug Rebate Program
2/9/2006
American Health Lawyers Association, Hospitals and Health Systems Law Institute
Fraud and Abuse Litigation and Enforcement Developments
8/24/2005
Strafford Communications Teleconference
Charging and Collecting from Uninsured Patients: Litigation and Compliance
6/2/2005
Ninth Annual Compliance Strategies Conference
Charging and Collecting from Uninsured Patients: Litigation and Compliance
3/16/2005
American Health Lawyers Association, Institute for Medicare and Medicaid Payment Issues
Current Developments in the Medicaid Drug Rebate Program
2/25/2005
Healthcare Compliance Association, Mid-Atlantic Area Annual Conference
Charity Care Guidelines and Not-For-Profit Litigation
2/10/2005
American Health Lawyers Association Hospital and Health System Law Institute
Charging and Collecting From Uninsured Patients
12/3/2004
District of Columbia Hospital Association
Reducing Risks Surrounding Financial Reporting and Not-For-Profit Hospitals
3/31/2004
American Health Lawyers Association, Institute for Medicare and Medicaid Payment Issues
Medicare Reimbursement for Durable Medical Equipment
2/12/2004
American Health Lawyers Association, Hospitals and Health Systems Law Institute
Advising the Audit Committee of the Board of Directors of Not-For-Profit Hospitals
10/2/2003
Health Management Academy
Investigations of Hospital Uninsured Billing Practices
2/5/2003
American Health Lawyers Association, Hospital and Health Law Institute
False Claims Act Litigation and Investigations: Current Developments and Recurrent Issues
10/25/2002
Sixth Annual Health Care Compliance Forum
Voluntary Repayments and Disclosures
3/2/2000
American Health Lawyers Association, Hospital and Health Law Institute
Second Generation Compliance Plans
10/19/1999
Nassau-Suffolk Hospital Council
Gainsharing and the OIG’s Special Advisory Bulletin
6/8/1999
Medical Society of the District of Columbia
How to Avoid a Visit from the FBI
3/26/1999
New Jersey Hospital Association
Designing and Operating Effective Compliance Programs for Hospitals
3/9/1999
Health Research and Educational Trust of New Jersey, New Jersey Hospital Association
Corporate Compliance for Healthcare Providers: A Practical Guide
5/14/1998
New Jersey Healthcare Congress
Corporate Compliance for Healthcare Providers
5/12/1998
Medical Society of the District of Columbia
How to Avoid a Visit from the Inspector General
2/20/1998
District of Columbia Hospital Association
Fraud and Abuse: Future Risks, Case Studies and Compliance Responses

News

6/16/2016
Jesse Witten Quoted in Multiple Publications on the Supreme Court’s Important False Claims Act Decision in Universal Health Services v. Escobar
4/13/2016
Jesse Witten Quoted in Bloomberg BNA
3/1/2016
Jesse Witten Featured in BISNOW After Receiving National Congress of American Indians Special Recognition Award
11/3/2015
Jesse Witten Quoted in Media Regarding False Claims Act Settlements Regarding Medicare Payments For Implantable Cardiac Devices
10/26/2015
Jesse Witten Quoted Regarding Tuomey Hospital Stark Law Settlement
7/8/2015
U.S. District Court Orders Cancellation of Washington NFL Team’s Trademark Registrations
7/2/2015
Jesse Witten Quoted in Washington Business Journal
6/3/2015
Jesse Witten Quoted in Report on Medicare Compliance
4/25/2015
Jesse Witted Quoted in Modern Healthcare on Florida’s Threat to Sue the United States
3/18/2015
Jesse Witten Quoted in Forbes and Modern Healthcare following the King v. Burwell Oral Arguments
1/28/2015
Jesse Witten Quoted in Law360 Article on High Court Subsidy Case
9/29/2014
Firm’s Efforts in Blackhorse Noted in The Washington Post and Law360
8/26/2014
Jesse Witten Quoted in Report on Medicare Compliance
7/30/2014
Jesse Witten Quoted in the Washington Business Journal
7/22/2014
Jesse Witten Quoted in Modern Healthcare and Daytona Beach News Journal
7/14/2014
Jesse Witten Quoted in Report on Medicare Compliance
7/11/2014
Jesse Witten Quoted in Report on Medicare Compliance
7/11/2014
Jesse Witten Profiled in the Washington Business Journal
7/3/2014
Jesse Witten Quoted in The New York Times
5/23/2014
Jesse Witten Quoted in BNA Patent, Trademark & Copyright Journal
5/14/2014
Jesse Witten Quoted in Law360
10/25/2013
Jesse Witten and Paul Moorehead Article Published in Indian Country Today
10/21/2013
Jesse Witten and Mark Sosnowsky Client Alert Cited in BNA
3/11/2013
Jesse Witten, Washington Football Team Trademark Case Receives Significant Media Attention
2/22/2013
Jesse Witten Quoted in Modern Healthcare
2/4/2013
Advisory Board Company Interviews Jesse Witten
1/17/2013
Jesse Witten Quoted in Modern Healthcare
9/27/2012
Jesse Witten Quoted in Report on Medicare Compliance
9/24/2012
Firm Profiled in Media for Work on Washington Redskins' Trademark Challenge
8/22/2012
Jesse Witten Article Published in Pharmaceutical Compliance Monitor
7/3/2012
Jesse Witten Quoted in Report on Medicare Compliance
6/25/2012
Jesse Witten Article Published in Inside Counsel

Partner Jesse Witten Receives Award from the National Congress of American Indians for Work on the “Washington Redskins” Trademark Case
  • Defense of government investigations and enforcement actions alleging Medicare/Medicaid fraud.  Jesse has defended hospitals and other providers accused of violating the Anti-Kickback Statute and Stark Law, reporting unallowed costs on Medicare cost reports, DRG upcoding, inflating charges to obtain excess Medicare outlier reimbursement, billing Medicare Part A for patients who did not satisfy inpatient criteria and other alleged fraud.  He has also defended medical device manufacturers accused of illegal financial relationships with physicians and marketing non-FDA-approved devices, and pharmaceutical manufacturers accused of reporting false prices to Medicare and Medicaid.
  • Counseling pharmaceutical and device manufacturers, health plans, hospitals and other providers on numerous health law issues, including: (i) Medicare and Medicaid reimbursement; (ii) compliance with Anti-Kickback and Stark laws; (iii) Medicaid and Medicare price reporting requirements for pharmaceutical manufacturers; and (iv) implementation and operation of corporate compliance programs;
  • Advise clients on compliance with the Foreign Corrupt Practices Act and other international anti-corruption requirements;
  • Assisted providers in making disclosures of regulatory violations under the HHS-OIG and CMS Self-Disclosure Protocols;
  • Assisted in submission of requests for advisory opinions from the HHS-OIG;
  • Obtained permanent injunction terminating a CMS Medicare demonstration project in New Jersey on “gainsharing”;
  • Represented major research institution in investigation of alleged scientific research misconduct;
  • Defended nonprofit hospitals accused of alleged excessive charges and unlawfully aggressive collections practices in violation of IRS laws governing tax-exempt hospitals; and
  • Obtained reversal of murder conviction of an innocent man on death row.