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Frank E. Sheeder

Partner
Chair, Health Care Enforcement and Compliance Practice

frank.sheeder@dlapiper.com

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1717 Main Street, Suite 4600
Dallas, Texas 75201-4629
United States
T: +1 214 743 4560 F: +1 972 813 6260

Frank Sheeder, chair of DLA Piper's Health Care Enforcement and Compliance practice, has defended clients against civil and criminal fraud allegations brought by the government and other hostile third-party litigants – especially whistleblowers – for more than 20 years. He focuses on defending against government enforcement initiatives, complex health care litigation and regulatory compliance. Mr. Sheeder has appeared before multiple federal and state courts and represents clients opposite a multitude of federal and state agencies, whistleblowers and other plaintiffs.

Mr. Sheeder has advised clients from virtually all segments of the health care industry, such as health systems, hospitals, academic medical centers, physician groups, DME providers, long-term-care providers, home health agencies, ancillary providers, pharmacies, laboratories and allied health professionals. Those cases generally involve Medicare, Medicaid and other federally funded health care programs. He also has defended putative class actions and civil cases involving parallel criminal proceedings. He has been counsel of record in more than 30 criminal cases in federal district court.

Chambers USA: America's Leading Lawyers for Business has recognized him repeatedly, noting in 2011 that “his extensive work spans the entire nation.” He has also been named in The Best Lawyers in America in every year since 2009 and as a Texas Super Lawyer in every year since 2006. In 2011, the Ethisphere Institute named him to its list of “2011 Attorneys Who Matter.” Nightingale's Healthcare News recognized him among its "Outstanding Healthcare Fraud and Compliance Lawyers – 2007."

Mr. Sheeder is president of the Health Care Compliance Association and a member of the American Health Lawyers Association (Fraud and Abuse, Self-Referrals, and False Claims practice group), the American Bar Association and the Dallas Bar Association. He serves on the advisory board of the Metro Dallas Homeless Alliance and is a graduate of the Leadership Dallas Class of 2007.

A prolific author and speaker, he also is a member of the editorial board of the Journal of Health Care Compliance and is a Certified Ethics and Compliance Professional. He is an editor of DLA Piper's Health Care Enforcement and Compliance Matters blog.

Experience

Mr. Sheeder has represented:

A large health system in several investigations by the Department of Health and Human Services-Office of Inspector General (HHS-OIG) and the Department of Justice (DoJ). The investigations were resolved favorably
A hospital in a dispute with former third-party billing and management companies related to alleged improprieties by those companies
The operator of long-term-care facilities in parallel state and federal investigations
A physician group in a qui tam suit brought by a disgruntled third party
A large academic medical center in a government investigation relating to billings to federal health programs for infusion therapy
A children's hospital in a qui tam action brought by a medical device salesperson alleging improper billing to federal health care programs
A physician group in its defense against a health insurer alleging that certain services were medically unnecessary and therefore not reimbursable
Clients in False Claims Act lawsuits that alleged false billings to federal health care programs
An academic medical center, providing regulatory, reimbursement and fraud and abuse counseling relating to Medicare Secondary Payor issues
Allied health providers embroiled in parallel state and federal administrative, civil and criminal investigations into alleged billing for medically unnecessary services
A hospital system in the defense of a federal qui tam lawsuit brought by a former employee alleging inappropriate billings to federal health care programs
A federal False Claims Act case against a physician and a hospital alleging billings for unnecessary surgeries
A public hospital regarding its voluntary disclosure of potential billing deficiencies
A health system in a putative class action brought by former patients and an employee alleging improper billings to commercial payors
A pharmacy provider in an investigation by the Department of Justice and the Drug Enforcement Agency
Hospital systems in defending against Recovery Audit Contractor and other third-party payor audits
A major children's hospital in regulatory, reimbursement and fraud and abuse counseling. The hospital ultimately refined its compliance program
An imaging provider, providing regulatory, reimbursement and fraud and abuse counseling and advice on strategy and regulatory compliance relating to joint ventures with a health system

Admissions

Texas
United States Court of Appeals for the Fifth Circuit
United States District Court for the Western District of Texas
United States District Court for the Eastern District of Texas
United States District Court for the Northern District of Texas
United States District Court for the Southern District of Texas

Publications

Corporate Governance and Compliance for Healthcare: A Practical Guide (Aspen Publishing, Wolters Kluwer Law and Business, 2005 et seq.)
"When to Call in the Forensic Accountants," In-House Texas, November 1, 2010
"The New Stark Voluntary Disclosure Protocol – Does It Help Providers?," Health Lawyers Weekly, American Health Lawyers Association, October 2010
"Fraud, Waste and Abuse Initiatives: Enforcing Like It's 1993," ABA Health Law Section eSource, August 2010
"Invite Attorneys to the RAC Party," RAC Monitor, August 2010
"OIG Open Letter Regarding the Self-Disclosure Protocol: Further Refinements," Health Lawyers Weekly, April 17, 2009
"Deficit Reduction Act: Recent Developments and Implications for Providers," Journal of the Association of Healthcare Internal Auditors New Perspectives, May 2008
"Summary of State Civil False Claims Laws," The Health Care Compliance Professional's Manual (Wolters Kluwer, October 2007)
"Medicaid Enforcement: The Waves Keep Rolling In," Compliance Today, September 2007
"All I Want is An Unfair Advantage," Journal of Health Care Compliance, April 2007
"Analysis and Perspective, New CMS Guidance on the Deficit Reduction Act's Compliance Mandates," BNA Health Care Fraud Report, January 31, 2007
Quoted in Robert Pear, "At Hospitals, Lessons in Detection of Fraud," New York Times, December 24, 2006
"Ready for the Deficit Reduction Act?," Journal of AHIMA, October 2006
"10 Things You Wanted to Know About Internal Investigations, But Were Afraid to Ask," Health Lawyers News, May 2006
"Deficit Reduction Act," chapter in CCH Health Care Compliance Professional's Manual (Wolters Kluwer, May 2006)
"The Deficit Reduction Act of 2005: Significant Changes in Compliance Laws," Compliance Today, April 2006
"How to Succeed as a Compliance Professional," Journal of Healthcare Compliance, March - April 2006
"The Profile of a Whistleblower," Dallas Bar Association Headnotes, February 2006
"How to Fail as a Compliance Professional," Journal of Healthcare Compliance, January - February 2006
"Internal Compliance Investigations: Practical Considerations," CCH Federal Ethics Report, January 2006

Seminars

"Government Data Prospecting Initiatives," HCCA Southwest Regional Annual Conference, Grapevine, Texas, February 17, 2012
"Health Care Reform," HCCA Audit and Compliance Committee Conference, Scottsdale, Arizona, February 14, 2012
"Health Care Reform," HCCA Managed Care Compliance Conference, Scottsdale, Arizona, February 14, 2012
"The Enforcement and Compliance Implications of Health Care Reform," HCCA South Atlantic Regional Annual Conference, Orlando, Florida, January 27, 2012
"Internal Investigations," "Legal, Risk and Disclosure Issues," "Internal and External Investigations," "Legal Issues, Risk Factors and Disclosure Issues," HCCA Compliance Academies, various cities, November 2001 - present
"Enforcement Update/HEAT Initiative," Texas Hospital Association 2011 Texas Health Law Conference, Austin, October 11, 2011
Panelist, SMU Health Law Symposium, Dallas, September 29, 2011
"Update on DOJ's Defibrillator Investigation," American Health Lawyers Association/Health Care Compliance Association Fraud and Compliance Forum, Baltimore, September 27, 2011
"Healthcare Reform and Beyond: What Compliance Professionals Need to Know," American Health Lawyers Association/Health Care Compliance Association Fraud and Compliance Forum, Baltimore, September 25, 2011
"The Road Ahead/Compliance Implications of Health Care Reform," Child Health Corporation of America Corporate Compliance Forum, Dallas, September 22, 2011
"Health Care Reform and Accountable Care Organizations," The Healthcare Roundtable for General Counsel, Chicago, September 11, 2011
"The Road Ahead," Health Care Compliance Association Compliance Institute, Lake Buena Vista, Florida, April 13, 2011
"The Compliance Implications of Health Care Reform," Health Care Compliance Association Compliance Institute, Lake Buena Vista, Florida, April 10, 2011
"Health Care Reform: Living in the Post-Reform, Post-Election World," The Healthcare Roundtable for General Counsel, Bonita Springs, Florida, March 13, 2011
"Current Government Initiatives," Health Care Compliance Association Regional Conference, Grapevine, Texas, February 18, 2011
"Economics of Health Care Reform, Compliance in the Post-Reform World," Health Care Compliance Association Workshop, Baltimore, November 8, 2010
"New and Expanded Fraud and Abuse Provisions, Compliance in the Post-Reform World," Health Care Compliance Association Workshop, Baltimore, November 8, 2010
"The Road Ahead," Grand Prairie Chamber, Grand Prairie, Texas, July 28, 2010
"The Road Ahead," Dallas Bar Association - Health Law Section, Dallas, May 19, 2010
"A Compliance Perspective on the New Health Care Reform: The New Legislative, Enforcement, and Economic Realities and How to Address Them," SCCE Web Conference, May 13, 2010
"Healthcare Reform from a Compliance Perspective," Webinar April 28, 2010
Panelist, "The Road Ahead, on Healthcare Reform, Dallas Regional Chamber, Dallas, Texas, February 11, 2010
"FERA and ARRA: Expanded False Claims Act Exposure and Whistleblower Protections," Healthcare Financial Management Association, Gulf Coast Chapter, Houston, January 15, 2010
"The Road Ahead," The Healthcare Roundtable for CCOs Las Vegas, Nevada, November 4-6, 2009
"Health Care Reform Update," The Healthcare Roundtable for Patient Care Services Executives in Human Resources, Frisco, Texas, October 14, 2009
"FERA and ARRA," Health Care Compliance Association/American Health Lawyers Association Fraud and Compliance Forum, Baltimore, October 3-5, 2009
"RACs and Other Critical Audits," The Healthcare Roundtable for Corporate Counsel, Frisco, Texas, September 13-15, 2009
"False Claims Act Litigation," "ARRA," State Bar of Texas Advanced Civil Trial Course, San Antonio, Texas, July 30, 2009
"Medicaid Initiatives, Focusing on the Challenges Posed by States with Tight Budgets," SCCE Web Conference, June 26, 2009
"Medicaid Initiatives, Focusing on the Challenges Posed by States with Tight Budgets," HCCA Web Conference Web Conference, June 22, 2009
Panelist, "The Road Ahead and How to Navigate it - Challenges for Health Care Organizations in 2009," Health Care Compliance Institute's 2009 Compliance Institute, Las Vegas, Nevada, April 29, 2009
"Who needs caffeine when you have the stimulus bill? How the Recent Stimulus Plan Impacts Healthcare Providers: What Every Compliance Officer Needs to Know;" "Key Recent Developments Regarding Attorney-Client Privilege, Work-Product Protection and Indemnification;" and "The Road Ahead and How to Navigate it," 2009 Health Care Compliance, Association Compliance Institute Las Vegas, Nevada April 26-29, 2009
"The Road Ahead," The Healthcare Roundtable for COOs, Atlanta, April 15, 2009
"The Road Ahead," The Healthcare Roundtable for CFO2s and EPNs, Atlanta, April 2-3, 2009
"The Road Ahead," The Healthcare Roundtable for CFOs and CMOs, Atlanta, March 15-17, 2009
"The Road Ahead," The Healthcare Roundtable for CEOs, Amelia Island, Florida, March 5 – 6, 2009
"Downsizing, Restructuring, and Employee Separation Issues – Can we Reduce Payroll Expenses, Maintain Excellent Health Care Delivery Systems and Legally Comply with the National Labor Relations Act (NLRB) the WARN Act and Recent ‘Whistleblower’ Litigation Developments?," Scottsdale, Arizona, March 2-4, 2009
"Compliance 101," Society of Corporate Compliance and Ethics, Utilities and Energy Compliance and Ethics Conference, Houston, March 1-3, 2009
"Quality Failures and the False Claims Act," HCCA Fraud and Compliance Forum Baltimore, October 5-7, 2008
"RAC Audits – The Past and The Future," The Healthcare Roundtable for CEOs, Las Vegas, Nevada, October 2-3, 2008
"Quality of Care as Federal False Claims Act Violation," HCCA Quality of Care Compliance Conference Philadelphia, September 28-29, 2008
Society for Corporate Compliance and Ethics 7th Annual Compliance & Ethics Institute Chicago, September 14-17, 2008
"Medicaid Enforcement," HFMA Gulf Coast Chapter, Houston, April 18, 2008
"Current Enforcement Trends," HCCA Compliance Institute, Children's Hospital Immersion Session, New Orleans, Louisiana, April 14, 2008
"Federal and State Development in Medical Enforcement and State False Claims Act Legislation," HCCA Compliance Institute, New Orleans, Louisiana, April 13, 2008
"Legal Issues, Risk Factors & Disclosure Issues," Society of Corporate Compliance and Ethics Compliance Academy, Scottsdale, Arizona, 2007-2008
"Medicaid Enforcement Trends," HCCA Teleconference Audio/Web Conference, January 22-23, 2008