Mr. Thomas S. Crane

Practice Details

• Firm Information
  Position

  Member

  Firm Name

  Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
• Representative Cases & Transactions
  Cases

  Representative Matters: Litigation & Defense: In March 2015, won dismissal of a criminal patient abuse complaint brought by a state Medicaid Fraud Control Unit against a skilled nursing facility
  national management company, involving the death of an elderly patient in State of New Mexico v. THI of New Mexico at Albuquerque Care Center, LLC
  THI of Baltimore Management, LLC (Second Judicial District Court, County of Bernalillo, New Mexico (No. D-0202-CR-2010-03648 - 03649)
  Lead counsel representing defendant pharmacy in Thulin v. Shopko Stores Operating Co., LLC, 771 F.3d 994 (7th Cir. 2014), in which the Seventh Circuit Court of Appeals upheld the District Court's (W.D. Wis) dismissed with prejudice of a qui tam FCA case alleging Medicaid pharmacy billing fraud, for failure to state a claim or to properly plead an actionable offense. Prior to the formal litigation we were able to obtain the declination of the Department of Justice
  all eight states in which the relator filed state FCA actions
  Represented defendant medical device manufacturer in Arnold v. Alphatec Spine, Inc., 2014 U.S. Dist. LEXIS 87079
  2014 WL 2896838, in which the District Court (W.D. Ohio) dismissed with prejudice RICO (with underlying kickback allegations)
  products liability allegations related to implantation of tissue-growth material as part of spinal device surgery
  Counsel for cardiologists in qui tam False Claims Act (FCA) case alleging medical device company kickbacks
  Counsel for a physician facing m
  atory exclusion which led to the OIG withdrawing its action
  Lead counsel in Colorado Heart Institute, LLC v. Leavitt, 609 F. Supp. 2d 30 (D.D.C. 2009), a suit challenging the CMS Stark Law regulations
  Counsel to a hospital executive
  his management company in United States v. Jones, 475 F.3d 701 (5th Cir. 2007), a criminal related party cost report fraud case reversing the district court's sentencing
  restitution order based on a failure of the government's proof
  Part of the criminal defense team in the trial of TAP managers in Boston, resulting in a Rule 29 judgment of acquittal for the firm's client
  Lead amici counsel to the American Hospital Association, Federation of American Hospitals, Association of American Medical Colleges, American Osteopathic Association,
  Missouri Hospital Association in United States v. McClatchey, (217 F.3d 823, 10th Circ. 2000)
  United States v. Lahue, (261 F.3d 993, 10th Circ. 2001), cases that challenged the application of the so-called one purpose rule which holds that a provider can be found guilty under the anti-kickback statute if one purpose in paying remuneration is to induce referrals
  Compliance & Regulatory: Represented hospitals
  other providers in self-disclosures to the OIG, CMS
  US Attorneys' Offices for potential Stark Law, Anti-Kickback
  FCA violations
  Representing academic medical center in its affiliation agreements with community physicians
  hospitals
  Represented academic physician groups in considering restructuring options to better face health care reform challenges.
  Led audit team of an academic medical center's compliance program
  Represented numerous cardiology practices in developing strategic relationships with hospitals
  Represented national trade association in seeking Stark law regulatory changes