Media Mentions
2011
“Sodexo Sues SEIU Under RICO, Prime Healthcare May Follow Suit”
High Desert Daily, May 10, 2011
Russell Hayman, as attorney for California’s largest for-profit hospital system, filed a complaint with the U.S. Attorney’s office in Los Angeles. The complaint alleged the use of extortion techniques by a major union seeking to organize hospital employees and cited a number of potential violations of law by the union, including violation of the federal Hobbs Act.
Russell Hayman, White-Collar & Securities Defense
2010
Russell Hayman as quoted in an extensive March 15 Modern Healthcare article about the role of whistle-blowers who raise Medicare and Medicaid reimbursement concerns under the False Claims Act. Although saying that “there are whistle-blowers who from time to time uncover true misconduct, and they serve an important public function,” Mr. Hayman added that “most persons who style themselves whistle-blowers fall short of that” level of significance. More often, he said, whistle-blowers “don’t have a full understanding of the subject matter, so they take a few facts and conclude from those facts that they are true whistle-blowers uncovering misconduct. They’re feeling the leg of an elephant and pronouncing it to be an oak tree.”
Russell Hayman, Health Care Litigation, White-Collar - Hospitality
2009
Russell Hayman discussed for Inside Counsel (August 2009) the implications of the Fraud Enforcement and Recovery Act (FERA), which amends the federal fraud statutes and was passed to address potential fraudulent activity by individuals at financial institutions that receive federal government assistance. Because FERA does not define key terms that determine whether a contract or claim is fraudulent, Mr. Hayman’s belief is that “I don’t think there’s going to be great restraint in the cases that are brought under these new provisions, because most of the cases will be brought by whistleblowers that are looking to get rich quick.” He added that, because qui tam actions under FERA can be accompanied by administrative or criminal actions against companies and executives, “The new FERA amendments make it even more likely that we will have these types of parallel proceedings.”
Russell Hayman and Jon Dean were quoted in the February 1 issue of Corporate Counsel in their co-authored article regarding how employers should handle the departure of an employee with caution.
Jon Dean, Russell Hayman, Health, Trial
2008
Russell Hayman was quoted in the December 8 issue of American Medical News in an article regarding physicians being seldom named in false claims cases but are often in a position to blow the whistle on fraud that they observe. "Health care services account for roughly 10% of the nation's gross domestic product. Put that together with the fact it is so heavily regulated by the federal government and states, and you have a recipe for False Claims Act activities on the scale we've seen in recent years," Mr. Hayman said.
Russell Hayman, Health, Health Care Litigation, Trial
Russell Hayman was quoted in the November 1 issue of Healthcare Risk Management in an article regarding Staten Island University Hospital agreeing to pay $89 million in a False Claims Act settlement. "The SIUH case involved essentially three allegations," he said. "The lawsuits asserted that the hospital provided care in unlicensed beds, miscoded uncovered cancer therapies as covered therapies in order to obtain payment, and claimed an inflated number of medical residents in order to obtain graduate medical education expenses," Mr. Hayman said.
Russell Hayman, Health, Trial, White-Collar & Securities Defense
Russell Hayman has been selected as one of Nightingale's Healthcare News' "Outstanding Healthcare Litigators" for 2007. Mr. Hayman was recognized as having successfully defended a client in a qui tam case regarding allegation of plagiarism with respect to endocrinology data submitted to National Institutes of Health (NIH) in support of an NIH grant application. He was also recognized for having successfully defended a client against claim that genetic research data had been falsified. Mr. Hayman is one of the 12 healthcare litigators throughout the United States to make the list.
2007
Gordon Greenberg, Russell Hayman and Jonathan Lurie have been recognized as top lawyers in their industry by Super Lawyers in June 2007 as "Southern California Super Lawyers for the Family and Consumer." Mr. Greenberg and Mr. Hayman were recognized in the area of "When Disaster Strikes" and Mr. Lurie was recognized in the area of "Planning Your Future."
Gordon A. Greenberg, Russell Hayman, Jonathan C. Lurie, Health, Private Client, Trial
2006
Russ Hayman was quoted in the October 16 issue of The Los Angeles Times regarding the move of Debra Wong Yang, former U.S. attorney in Los Angeles, to Gibson Dunn. Mr. Hayman commented that the move to private practice will demand a "different mind-set."
Russell Hayman was quoted in the January 25 issue of Cal Law in the article "Medicare May Face Fraud Epidemic." With a steady stream of government cash lurking above the $5,100 mark, the eligibility gap "donut hole" gives an incentive for pharmacies "to report greater costs than what they actually incurred to qualify the other side of the donut hole," Mr. Hayman said. "I have never understood, from a legislative perspective and from a policy perspective, what was gained by creating the donut hole."
Russell Hayman, Health, Managed Care, Trial
2005
Russ Hayman was quoted in the June 13 issue of the National Law Journal in regard to corporate integrity agreements negotiated with the U.S. Department of Health and Human Services' office of the inspector general as a common form of corporation probation.
Russell Hayman, Health, Health Care Litigation, Trial
Russ Hayman was quoted in the March 14 issue of Report on Medicare Compliance. In the article entitled "Nursing Home Was Sold Before Conviction," he commented on the government wielding multiple enforcement weapons at a wayward facility. Mr. Hayman stated, "It's just a question of how much the authorities want to pile on." The standard for proving a crime is the hardest to meet. He continued, "if that's met, they can pile on civil penalties and administrative penalties."
