/professionals/gregory-m-luce/pdf/gregory-m-luce.pdf

Gregory M. Luce

Partner

Partner

Health Care Enforcement and Litigation

Washington, D.C.

T: 1.202.371.7310

F: 1.202.661.2310

greg.luce@skadden.com

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Greg Luce handles civil and criminal litigation and regulatory matters involving the health care industry. He has represented health systems, pharmaceutical and medical device manufacturers, and other health care providers in litigation involving fraud and abuse enforcement, False Claims Act defense, and Medicare and Medicaid reimbursement.

Mr. Luce focuses on the counseling and defense of health care providers, suppliers, pharmaceutical companies and physicians under state and federal fraud and abuse laws and the False Claims Act, as well as on the design and implementation of compliance programs. In addition, Mr. Luce represents numerous health care providers and corporations in response to civil and criminal investigations under the provisions of the False Claims Act and other statutes. A significant aspect of his practice includes advising clients on voluntary disclosure of statutory and regulatory violations to appropriate government agencies.

Mr. Luce has been recognized as a leading lawyer by Chambers USA: America’s Leading Lawyers for Business (Nationwide – Health Care; District of Columbia – Band 1 Health Care) and The Best Lawyers in America. He also was named as one of Law360’s “Health MVPs” in 2012.

Mr. Luce previously served as an assistant attorney general for the Commonwealth of Virginia, where he represented state health agencies in a variety of regulatory and litigation matters.


Representative Reported Matters

  • Stalley v. Mountain States Health Alliance, et al., 517 F.3d 911 (6th Cir. 2008) (granting attorney’s fees and sanctions following dismissal of plaintiff’s allegations relating to Medicare’s secondary payor law).
  • United States v. Catholic Health Initiatives, 509 F.3d 517 (8th Cir. 2007) (affirming district court’s dismissal of a qui tam complaint for plaintiff’s lack of standing under pertinent Medicare statute and regulations).
  • United States ex rel. King v. Alcon Laboratories, Inc., 232 F.R.D. 568 (N.D. Tex. 2005) (dismissing complaint pursuant to F.R.C.P. 9(b) for failure to describe with particularity the alleged fraudulent scheme).
  • Robert Wood Johnson Univ. Hosp., Inc. v. Thompson, No. 04-CV-142 (JWB), 2004 U.S. Dist. LEXIS 8498 (D. N.J. April 15, 2004) (permanently enjoining the U.S. Department of Health and Human Services’ implementation of a hospital Demonstration Project for violating the Civil Monetary Penalties Statute).
  • United States ex rel. King v. Hillcrest Health Center, 264 F.3d 1271 (10th Cir. 2001) (upholding the district court’s judgment dismissing federal False Claims Act action for lack of subject matter jurisdiction).
  • United States ex rel. Cox v. Iowa Health System, 29 F. Supp.2d 1022 (S.D. Iowa 1998) (granting defendants’ motions to dismiss a qui tam complaint for failure to state a cause of action).
  • Vogel v. Linde, 23 F.3d 78 (4th Cir. 1994) (affirming district court order granting summary judgment to the defendant hospital in plaintiff’s action for violation of the Emergency Medical Treatment and Active Labor Act (EMTALA)).
  • United States ex rel. Meyer v. Horizon Health Corp., 565 F.3d 1195 (9th Cir. 2009) (dismissing for lack of subject matter jurisdiction a qui tam action brought under the federal False Claims Act after concluding that the plaintiffs/relators in the action did not qualify as “original sources” of the information underlying their allegations, as required by the False Claims Act).
  • United States ex rel. McMullen v. Ascension Health, et al., M.D. Tenn. (2013) (dismissing False Claims Act qui tam suit).
  • United States ex rel. Hartpence (C.D., Calif. 2013) (dismissal of False Claims Act qui tam suits) (appeal pending).


Recent and Upcoming Speeches

  • American Bar Association’s “Health Care Fraud 2014” (May 14-16, 2014)
  • The American Law Institute’s “False Claims Act Institute” (May 13, 2014)
  • The American Health Lawyers Association’s “Healthcare Transactions Program” (April 10-11, 2014)
  • American Conference Institute’s “14th Advanced Forum on Reducing Legal Risks in the Sale & Marketing of Medical Devices” (April 9-10, 2014)
  • American Conference Institute’s “14th National Forum on Pharmaceutical Compliance and Enforcement” (March 19-20, 2014)
  • Skadden’s Pharmaceutical and Life Sciences Seminar: “A Dialogue on Regulation, Litigation and Shareholder Activism” (February 25, 2014)
  • The American Health Lawyers Association’s “Physicians and Hospitals Law Institute” (February 5-7, 2014)
  • Skadden’s Third Annual Pharmaceutical and Medical Device Seminar for Corporate Counsel (October 8, 2013)
  • Skadden’s Webinar on “Medical Device Enforcement: Recent Settlements and Strategies to Reduce Risk” (July 18, 2013)

Bar Admissions

Maryland
Virginia
District of Columbia

Education

J.D., University of Richmond, 1977

B.A., University of Virginia (with distinction), 1974

Associations

Member of ABA Health Law Section

Member of Virginia State Bar Health Law Section (past chair, 1990-1991, and a member of the board of governors, 1988-1991 and 1996-1999)

Board of Directors of the American Health Lawyers Association (1995-2001)

Elected to the inaugural class of Fellows of the American Health Lawyers Association

Government Service

Assistant Attorney General, Commonwealth of Virginia (1978-1981)