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Fulbright & Jaworski L.L.P.

Jeffrey Layne, Jeff Layne, Layne, Fulbright & Jaworski L.L.P., Fulbright & Jaworski, Fulbright and Jaworski, Fulbright, health law, litigation, regulatory health law, administrative health law, Medicare and Medicaid reimbursement, managed care, fraud and abuse, compliance issues, False Claims Act, Austin
R. Jeffrey Layne - Fulbright & Jaworski LLP
R. Jeffrey Layne
Partner
D: +1 512 536 4593
Austin
98 San Jacinto Boulevard
Suite 1100
Austin, TX 78701-4255
T: +1 512 474 5201
F: +1 512 536 4598
AREAS OF CONCENTRATION
EXPERIENCE

Jeff Layne joined the firm's Washington, D.C. office in 1998 and moved to the Austin office in 2005. His practice focuses on federal and state regulatory, administrative, and litigation-related health law matters, including Medicare and Medicaid fraud and abuse and research compliance issues. His health-related litigation experience includes criminal, False Claims Act and administrative litigation related to a wide variety of Medicare and Medicaid fraud and abuse, reimbursement, and compliance issues.

Jeff represents clients from across the spectrum of the healthcare industry, including hospital systems, university health systems, pharmaceutical and medical device manufacturers and distributors, pharmacies, suppliers, and managed care organizations.

REPRESENTATIVE EXPERIENCE

Significant matters include:

A. Life Sciences Industry

  • Development, implementation, and evaluation of compliance programs for multiple medical device companies.
  • Representation of device manufacturer in grand jury investigation and civil litigation regarding business practices.
  • Advise national DME manufacturer and supplier regarding compliance and competitive bidding issues.
  • Representation of national retail pharmacy chain in coordinated federal and state investigations of dispensing practices affecting Medicaid claims.
  • Representation of an international diagnostics company in regulatory and compliance matters and internal audits.
  • Representation of multiple pharmaceutical companies in National Medicaid Fraud Task Force and Texas Attorney General investigations regarding physician relationships and marketing activities.
  • Representation of pharmaceutical wholesalers in National Medicaid Fraud Task Force and Texas Attorney General investigations regarding Medicaid rebates, and in compliance issues related to drug pedigree rules.

B. Healthcare Providers

  • Representation of hospitals in government investigation and False Claims Act suits related to issues of medical necessity (e.g., one day stays), billing fraud, and kickbacks.
  • Representation of hospitals and health systems throughout Texas and Louisiana in fraud and abuse and compliance matters, including internal investigations and internal audits.
  • Representation of a large hospital system in Louisiana in a class action lawsuit involving hospital collection of third party liability settlement proceeds.
  • Representation of hospitals in Texas, South Carolina, and Alabama in litigation involving hospital charges and collections from the uninsured.
  • Representation of healthcare systems in Texas, Arkansas, and New Jersey in administrative appeals involving Medicare "Loss on Sale" provisions.
  • Representation of hospital systems in internal and government investigations and self-disclosures.
  • Representation of hospital systems and university health systems in False Claims Act litigation.
  • Representation of providers in administrative overpayment hearings.

C. Managed Care

  • Representation of national HMO in False Claims Act litigation.
  • Representation of an HMO in litigation against the state of Washington involving operation of the state's Medicaid managed care program.
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • American Bar Association - Health Law Section, former Vice Chair for Programming
  • District of Columbia Bar Association - Health Law Section
  • State Bar of Texas - Health Law Section
PROFESSIONAL HONORS

International Law Office (ILO) 2013 Client Choice Award (USA and Canada) - Health Care and Life Sciences, Texas. 

PUBLICATIONS
  • Co-author with Benjamin Koplin and Selina Coleman, "The Other Side of the Sunshine Act: Reporting Ownership & Investment Interests," Sunshine Forecast, March 21, 2013
  • Co-author with Benjamin Koplin and Selina Coleman, "Reporting 'Indirect Payments' Under the Sunshine Act: A Closer Look," Sunshine Act Forecast, March 4, 2013
  • Co-author with Benjamin Koplin and Selina Coleman, "Tracking Payments: How Should Manufacturers Allocate Food and Beverages?," Sunshine Act Forecast, February 13, 2013
  • Co-author with Benjamin Koplin and Selina Coleman, "Highlights of the Sunshine Act's Final Rule Part 1: Key Changes and Clarifications," Sunshine Act Forecast, February 4, 2013
  • Co-author with Benjamin Koplin and Selina Coleman, "Still No Sunshine," Sunshine Forecast, January 11, 2013
  • Co-author with Benjamin Koplin and Selina Coleman, "Department Of Health And Human Services Submits Sunshine Act Rules to OMB for Review," "Sunshine" Alert, November 30, 2012
  • Co-author with Rod Lambert and Frederick Robinson, "Comment Period Opens for EU Proposed Framework on Medical Device Regulation," Fulbright Breifing, November 29, 2012
  • Co-author with Benjamin Koplin and Selina Coleman, "Massachusetts Posts Final Rules on 'Modest Meals' and Reporting Requirements," "Sunshine" Forecast, November 29, 2012
  • Co-author with Selina Coleman and Benjamin Koplin, "Reporting Under The Sunshine Act: Still In The Dark," Law360.com, Oct. 4, 2012
  • Co-author with Benjamin Koplin and Selina Coleman, "How Will Physicians/Teaching Hospitals Review the Collected Data and Resolve Disputes?," Fulbright's Sunshine Act Task Force, August 29, 2012
  • Co-author with Benjamin Koplin and Selina Coleman, "Challenges to Reporting Physician Ownership and Investment Interests," Fulbright's Sunshine Act Task Force, May 7, 2012
  • Co-author with Benjamin Koplin and Selina Coleman, "CMS Delays Final Rulemaking Until Later This Year; Will Not Require Data Collection or Reporting Until 2013," Fulbright Alert, May 4, 2012
  • Co-author with Benjamin Koplin and Selina Coleman, "Who Reports Transfers of Value?," Fulbright's Sunshine Act Task Force, April 30, 2012
  • Co-author with Benjamin Koplin and Selina Coleman, "Industry Continues to Await Sunshine Act's Final Rules," Fulbright's Sunshine Act Task Force, April 23, 2012
  • Co-author with Benjamin Koplin and Selina Coleman, "CMS Publishes Long-Awaited Proposed Regulations to the Sunshine Act," Fulbright Alert, December 15, 2011
  • Co-author with Benjamin Koplin and Selina Coleman, "CMS Responds to Letters on Missed Deadline for Sunshine Act; Avoids Promising Release Date for Overdue Regulations," Fulbright & Jaworski L.L.P. Briefing, November 3, 2011
  • Co-author with Benjamin Koplin and Selina Coleman, "CMS Misses Sunshine Act Deadline; Industry Awaits CMS Comment, Regulations," Fulbright & Jaworski L.L.P. Briefing, October 5, 2011
  • Co-author, "Physician Payment Transparency Sunshine Provisions for Medical Device and Pharmaceutical Companies Effective March 31, 2013," Fulbright & Jaworski L.L.P. Briefing, March 31, 2010
  • "OIG vs. RFRA: Restoring the Religious Freedom of Hospitals," BNA Medicare Report, April 16, 2004
  • "The False Claims Act and Federal Managed Care Programs: Drawing the Battle Lines," American Health Lawyers Association HMOs and Health Plans Newsletter, Spring 2002
SPEECHES
  • "Cost Efficient Compliance Programs for Small and Medium Enterprises"; 2012 International Medical Device Industry Compliance Conference; Stockholm, Sweden; May 10, 2012. 
  • Co-presenter, "Back to School with Stark," Dallas-Fort Worth Hospital Council, August 29, 2012
  • Panelist, "Compliance: Current Investigative Initiatives," Fulbright & Jaworski L.L.P. Eighth Annual Health Law Symposium, February 2-3, 2012
  • Co-presenter "Compliance Investigations," "Overpayments Part 1: Billing Issues," and "Overpayments Part 2: Stark Issues," Legal Issues Boot Camp for Compliance Professionals, June 7-8, 2011
  • "Compliance--Voluntary Refunds and Disclosures: Not So 'Voluntary' Anymore," Fulbright & Jaworski L.L.P. Seventh Annual Health Law Symposium, February 3-4, 2011
  • "Sunshine Act and Fundamentals of Health Reform," THA/SBA Health Law Conference, October 11-12, 2010
  • "Voluntary Disclosures and Other Paths to Righteousness," Fulbright & Jaworski L.L.P. Sixth Annual Health Law Symposium, February 4-5, 2010
  • "'Never' Events: Medicare and the Impact of Fiscally-Driven Standards of Care," American Health Lawyers Association, Hospitals and Health Systems Law Institute, February 11, 2009
  • "Compliance--When Good Deals Go Bad: Resolving Conflicts with Physicians," Fulbright & Jaworski L.L.P. Fifth Annual Health Law Symposium, February 5-6, 2009
  • "When Relationships Go Bad: Resolving and Litigating Physician Disputes in Compliance with the Stark and Anti-kickback Laws," Fulbright & Jaworski L.L.P. Briefing, November 19, 2008
  • "Compliance Update: Transparency in Vendor and Physician Relationships," American Society for Healthcare Risk Management Annual Conference, October 2-5, 2008
  • "Quality in Today's Healthcare – Never Events and Medicare," Fulbright & Jaworski L.L.P. Briefing, September 12, 2008
  • "Quality Summit – Medicare's New Enforcement Tool," Fulbright & Jaworski L.L.P. Briefing, February 2008
  • "From the DRA to Stark Phase III: Latest Developments in Hospital / Physician Relationships," Fulbright & Jaworski L.L.P. Briefing, January 2008
  • "Relationships Between Hospitals and Life Science Vendors," Fulbright & Jaworski L.L.P. Third Annual Health Law Symposium, May 31 and June 1, 2007
EDUCATIONAL BACKGROUND

1998 - M.P.H., Harvard University
1994 - J.D., Duke University Law School
1990 - B.B.A., magna cum laude, Finance, Texas Christian University

Jeff was admitted to practice law in Texas in 1994 and in the District of Columbia in 1999.

BAR AND COURT ADMISSIONS
  • District of Columbia
  • Texas






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