Jack W. Selden

Listed in The Best Lawyers in America® Criminal Defense: White Collar, 2006-2024 Qui Tam Law, 2016-2024 Health Care Law, 2023-2024 "Lawyer of the Year," Birmingham, Qui Tam Law, 2021 "Lawyer of the Year," Birmingham, Criminal Defense: White Collar, 2022 Successfully represented national hospice provider Aseracare in False Claims Act action tried in federal court which alleged the admission and recertification of patients who were not terminally ill. After 10 weeks of trial, the judge entered summary judgment for Aseracare. The United States appealed, resulting in September 2019 in a landmark 11th Circuit medical necessity opinion holding that a mere difference of physician expert opinions regarding the eligibility of a patient for hospice, without more, is insufficient to establish falsity under the False Claims Act. Represented a home health provider in a federal criminal investigation alleging violations of the Anti-Kickback Statute, resulting in a declination of the criminal case and a resolution under the civil False Claims Act. Representing a therapy services provider in relation to a Department of Justice and HHS OIG investigation under the Federal False Claims Act involving allegations of falsifying medical records in support of claims. Conducted multitude of internal investigations for various hospitals into physician employment and other physician arrangements, including without limitation allegations relating to the Stark Law and Anti-Kickback statute. Many involved investigations by the Department of Justice and/or the HHS OIG. Represented MetLife Bank during False Claims Act investigation into allegations of submission of false claims relating to FHA insured mortgages for single family homes. The matter settled with the Department of Justice and the HUD OIG in 2015 before the filing of a complaint. Represented Amedisys, Inc. in relation to a major qui tam False Claims Act action alleging false claims relating to home health services. The case settled in 2014 before the unsealing of the qui tam United States ex rel. Barbera v. Tenet Healthcare Corporation, No. 0:97-cv-06590-AJ (S.D. Fla.) Defended numerous physicians employed by Florida hospital owned by Tenet Healthcare against qui tam whistleblower allegations brought under the Federal False Claims Act. United States ex rel. Zeller v. Centex Corporation, 1:99-CV-00621-SJD Successfully defended Centex Corporation against qui tam allegations of fraud against the Navy, resulting in a dismissal of the claims against Centex without liability. United States ex rel. Wilson v. Callahan Eye Foundation Hospital, Case No. 2:03-CV-02533-KOB (N.D. Ala.) Obtained summary judgment on behalf of defendants against False Claims Act qui tam allegations of Medicare fraud. United States ex rel. Fender v. Tenet Healthcare Corporation et al., No. 2:98-cv-00899-JFG (N.D. Ala.) Successfully defended numerous physicians employed by hospital owned by Tenet Healthcare against qui tam whistleblower allegations brought under the Federal False Claims Act, resulting in a dismissal of the action with no liability. United States ex rel. Manning v. HealthSouth Corporation, 2:99-cv-02150-KOB (N.D. Ala.) Defended HealthSouth in False Claims Act qui tam action alleging Medicare fraud. United States ex rel. Colbert v. Blue Cross and Blue Shield of Alabama and HealthSouth Corporation, 2:01-cv-00292-UWC (N.D. Ala.) Defended HealthSouth in False Claims Act qui tam action alleging Medicare fraud, resulting in the dismissal of the False Claims Act count and final joint stipulation of dismissal. United States ex rel. Madrid v. HealthSouth Corporation, et al., 2:97-cv-03206-UWC (N. D. Ala.) Defended HealthSouth Corporation in False Claims Act qui tam action alleging Medicare fraud.