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Jim Hoover

James A. Hoover

PH: (205) 458-5111
Fax: (205) 244-5660
Email: James
Paralegal
PH: (205) 458-5418
PH: (205) 458-5498
PH: (205) 458-5119
Legal Secretary
Martha Musso ()
PH: (205) 458-5214

Jim practices in Burr & Forman LLP's Health Care Practice Group. Jim represents all types of companies and individuals in the healthcare industries including hospitals, physician practices, pharmacies, pharmaceutical manufacturers, nutraceutical manufactures and medical device manufacturers throughout Alabama and the Southeast.

Jim has extensive litigation experience defending companies, corporate representatives and other individuals in qui tam lawsuits and responding to Civil Investigative Demands, grand jury subpoena's and other government investigations regarding violations of Stark, Anti-kickback, and False Claims violations.  Jim has also represented countless healthcare providers before administrative tribunals, including the CMS, DEA, OIG and other federal and state regulatory agencies.

Jim also represents healthcare providers with their health care compliance programs, HIPAA privacy and security matters, Medicare appeals, audits, recoupments and sanctions, as well as other health law disputes.  Jim frequently lectures on False Claims Act and qui tam lawsuits, healthcare compliance and the requirements imposed by HIPAA and implementing a HIPAA compliance program.

  • Represented a mental health provider in a qui tam/false claims lawsuit alleging, among other allegations, violation of the false claims act as a result of the provider's alleged improper use of "incident to" services.
  • Represented physician practices in a qui tam/false claims lawsuit alleging a violation of the false claims act as a result of the practice's improper use of "incident to" services.
  • Represented numerous physician practices in multiple Office of Inspector General ("OIG") investigations related to the use of and billing for qualitative drug screen testing.
  • Represented a hospital against a false claims and anti-kickback investigation conducted by the OIG and U. S. Attorney's Office for the Northern District of Alabama that led to the government closing its investigation without action against the hospital.
  • Represented a large specialty pharmacy company in an action brought by the Alabama Medicaid Agency involuntarily suspending Medicaid payments and successfully obtained the return of $11 million in Medicaid funds.
  • Obtained a summary judgment on behalf of a physician group practice resulting in a dismissal of a lawsuit filed by a former physician employee alleging submission of false credentialing information to a state medical licensing board.
  • Obtained certificate of need approval from the State Health Planning and Development Agency to construct the first Free Standing Emergency Department in Alabama.
  • Obtained a judgment in excess of $800,000.00 for a hospital client against a physician on its medical staff for violating an office lease agreement.
  • Represented a national hospital company with numerous hospitals in Alabama with its litigation within the State of Alabama.
  • Represented numerous hospitals in response to CMS investigations seeking to terminate the hospitals' provider numbers within 21 days for alleged EMTALA violations.
  • Assisted clients in responding to and addressing HIPAA breaches, including coordinating breach notification processes and extensively reviewing and revising HIPAA compliance plans and forms.
  • Conducted numerous internal corporate investigations for companies suspecting violations of Stark, the Anti-kickback laws and the False Claims Act
  • Defended multiple compounding pharmacies throughout the southeast regarding the Department of Justice's investigation of alleged false claims payments relating to Tricare/the Defense Health Agency.
  • Represented several health care laboratories in responding to CIDs and defending qui tam lawsuits and government investigations alleging violations of Stark, the Anti-kickback laws and the False Claims Act.

What is your favorite thing about the law?
Thinking outside the box. Due to the complexity of health law issues and the sometime contradictory regulations, providing clients with useful solutions to their issues without simply becoming a “no” man is challenging at times.

What was your first job?
Kayak instructor and raft-renter extraordinaire.

What are your hobbies?
Competing in triathlons.

What advice would you give to a young student in law school?
Go to Med School.

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