Jesse A. Witten

Partner

Washington D.C.

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

Jesse A. Witten is a partner in the firm's Commercial Litigation Practice 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.

In General. 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, and was 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.

Representative 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
Helped obtain reversal of murder conviction of an innocent man on death row.

Publications

02/01/2013 The Advisory Board Company Daily Briefing: Criminal Enforcement of Improper Health System Billing
01/17/2013 Client Alert: American Taxpayer Relief Act of 2012 Authorizes Extension of Recovery Period for Medicare Overpayments
01/04/2013 Client Alert: High Number of Short-Stay Inpatients Leads to Criminal Enforcement Against Health System
12/17/2012 White Collar Criminal Defense Alert: Second Circuit Throws Out Conviction for Off-Label Marketing as Violating the First Amendment
08/20/2012 Pharmaceutical Compliance Monitor: Pharmaceutical Industry Executives Face Enforcement Risks Under the Responsible Corporate Officer Doctrine
08/03/2012 Inside Counsel: New Rules for Enforcement of Eucomed Code of Ethics
06/22/2012 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
12/8/2009 BNA’s Health Law Reporter: Handling Potential Whistleblowers: How Providers Can Deter Qui Tam Lawsuits
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

Speaking Engagements

09/18/2012 Kansas Global Trade Services: Going the Distance: Risk Management Strategies for Furthering Your Company’s Global Strategic Plan
07/17/2012 Strafford CLE Webinar: CMS Voluntary Self-Referral Disclosure Protocol: Latest Developments
09/23/2011 Health 2.0 Annual Fall Conference 2011: Providing Incentives, But Not Illegal Inducements, to Patients
09/23/2011 NJCCA 9th Annual Full Day CLE Conference: The Impact of Health Care Reform on Research Initiatives of Pharmaceutical and Device Manufacturers
06/14/2011 FX Conferences: Reducing Your Risk Under the FCPA & Other Anti-Corruption Laws
05/22/2011 MAGI’s Clinical Research Conference – 2011 East: Words to the Wise: Government Enforcement Activity in Research
04/27/2011 American Conference Institute’s 11th National Conference: Reducing Legal Risks in the Sale and Marketing of Medical Devices, Lessons Learned From Recent Corporate Integrity Agreements
03/29/2011 American Conference Institute: Directing Non-U.S. Based Operations on Global Fraud and Abuse Risks Under the Foreign Corrupt Practices Act (FCPA)
11/09/2010 Q1 Productions’ Pharmaceutical Compliance: Off-Label Drug Promotion Conference: Panel Discussion: Managing Risk for Products with High Off-Label Use
09/27/2010 2010 American Health Lawyers Association Fraud and Compliance Forum: Legal Ethics -- Advising Clients on Novel Legal Issues: Lessons from the DOJ Interrogation Memos
05/23/2010 MAGI's Clinical Research Conference - 2010 East: Government Enforcement Activity in Clinical Research
05/19/2010 Health Law Breakfast Briefing: Fraud and Abuse Enforcement in the Obama Era
5/18/2010 Drinker Biddle Webinar: Health Reform: Selected Topics and Strategic Implications
05/14/2010 American Bar Association National Health Fraud Institute: Stark Law and Compliance
04/28/2010 American Conference Institute: Current Foreign Corrupt Practices Act Enforcement Initiatives and Controlling Overseas Operations
04/27/2010 American Conference Institute: Controlling Off-Label Risks When Disseminating Information
04/22/2010 Health Care Compliance Association’s (HCCA) Research Compliance Institute 2010: Case Studies in Clinical Research Fraud Enforcement
04/21/2010 Health Care Compliance Association’s (HCCA) Compliance Institute 2010: False Claims Act Developments and Management of Risk
04/07/2010 The Advisory Board Company: Fraud and Abuse Enforcement in the Obama Era
03/09/2010 Bay Area Life Sciences Inhouse Lawyers Group: Update on Federal Enforcement of MedTech Industry & Issues For Emerging companies
02/25/2010 American Health Lawyers Association (AHLA) Hospitals and Health Systems Law Institute: Voluntary Disclosures: Legal and Practical Considerations
12/03/2009 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
11/05/2009 Strafford Publications: Health Care Providers and Voluntary Disclosure
10/07/2009 MAGI Clinical Research Conference: Clinical Research and Litigation Risks
09/22/2008 AdvaMed 2008 Annual Conference: New Trends in Medical Device Fraud & Abuse/Off-Label Promotion Enforcement
06/18/2008 BIO International Conference: Emerging Enforcement Trends: Clinical Trials and Sponsored Research
06/17/2008 BIO International Conference: Off-Label Dissemination: Legal, Regulatory and Policy Issues in Federal Criminal and Civil Cases
08/14/2007 FDA News Teleconference: Negotiating Corporate Integrity Agreements
03/21/2007 American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues: Medicaid Drug Rebate Regulatory and Enforcement Developments
02/05/2007 American Health Lawyers Association, Hospitals and Health Systems Law Institute: Handling Potential Whistleblowers and Responding to Government Investigations
03/23/2006 American Health Lawyers Association, Medicare & Medicaid Payment Issues Conference: Regulatory and Enforcement Developments in the Medicaid Drug Rebate Program
02/09/2006 American Health Lawyers Association, Hospitals and Health Systems Law Institute: Fraud and Abuse Litigation and Enforcement Developments
08/24/2005 Strafford Communications Teleconference: Charging and Collecting from Uninsured Patients: Litigation and Compliance
06/02/2005 Ninth Annual Compliance Strategies Conference: Charging and Collecting from Uninsured Patients: Litigation and Compliance
03/16/2005 American Health Lawyers Association, Institute for Medicare and Medicaid Payment Issues: Current Developments in the Medicaid Drug Rebate Program
02/25/2005 Healthcare Compliance Association, Mid-Atlantic Area Annual Conference: Charity Care Guidelines and Not-For-Profit Litigation
02/10/2005 American Health Lawyers Association Hospital and Health System Law Institute: Charging and Collecting From Uninsured Patients
12/03/2004 District of Columbia Hospital Association: Reducing Risks Surrounding Financial Reporting and Not-For-Profit Hospitals
03/31/2004 American Health Lawyers Association, Institute for Medicare and Medicaid Payment Issues: Medicare Reimbursement for Durable Medical Equipment
02/12/2004 American Health Lawyers Association, Hospitals and Health Systems Law Institute: Advising the Audit Committee of the Board of Directors of Not-For-Profit Hospitals
10/02/2003 Health Management Academy: Investigations of Hospital Uninsured Billing Practices
02/05/2003 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
03/02/2000 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
06/08/1999 Medical Society of the District of Columbia: How to Avoid a Visit from the FBI
03/26/1999 New Jersey Hospital Association: Designing and Operating Effective Compliance Programs for Hospitals
03/09/1999 Health Research and Educational Trust of New Jersey, New Jersey Hospital Association: Corporate Compliance for Healthcare Providers: A Practical Guide
05/14/1998 New Jersey Healthcare Congress: Corporate Compliance for Healthcare Providers
05/12/1998 Medical Society of the District of Columbia: How to Avoid a Visit from the Inspector General
02/20/1998 District of Columbia Hospital Association: Fraud and Abuse: Future Risks, Case Studies and Compliance Responses

Representative Matters
Publications
Speaking Engagements

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
Helped obtain reversal of murder conviction of an innocent man on death row.

logo

Jesse A. Witten

Partner

Washington D.C.

Jesse A. Witten

Partner

Washington D.C.

Representative Matters

Publications

Speaking Engagements

Commercial Litigation

False Claims Act/Qui Tam

Health Care Litigation

Privacy & Data Security

White Collar Criminal Defense & Corporate Investigations

Health Care

Life Sciences