Asher Funk

Asher Funk is a partner in the Private Equity group at Goodwin.

Asher represents healthcare and life sciences clients during transactional, strategic, and regulatory compliance matters. He serves as a trusted advisor to private equity investors and their portfolio companies, as well as emerging and late-stage healthcare companies on operational issues, mergers, acquisitions, dispositions, and joint ventures.

Asher’s experience in the healthcare vertical spans the continuum of care, and includes hospitals, health systems, physician practices, skilled nursing facilities, rehabilitation providers, home health and hospice companies, specialty pharmacies, durable medical equipment suppliers, digital health entities, and behavioral health providers.

Asher has vast knowledge of the Stark Law, Anti-Kickback Statute, Civil Monetary Penalties Law, and issues related to quality of care, medical necessity, billing, and reimbursement. He represents clients during self-disclosures to Medicare contractors, the HHS/OIG, CMS, and the Department of Justice (DOJ). Additionally, Asher has negotiated corporate integrity agreements with the HHS/OIG and advised companies operating under integrity agreements.

Asher also has a deep understanding of matters involving the federal False Claims Act (FCA) and similar state laws. He has defended healthcare providers facing investigations and government enforcement actions, helped clients avoid intervention by the DOJ, and when necessary, guided clients to reach settlements with the government.

Asher frequently draws on his FCA and fraud & abuse experience to address the complex issues and challenges that arise in healthcare transactions, and to assist investors when vetting potential acquisition targets and their business models.

Asher’s representative matters include:

Transactions, Compliance Matters, and Regulatory Counseling

• Advised healthcare providers, private equity investors and portfolio companies during transactions regarding deal structure, due diligence, and regulatory compliance matters*
• Serve as outside general counsel for a durable medical equipment supplier with nationwide operations and a leading women’s health provider specializing in post-natal care*
• Served as regulatory and compliance counsel for a large behavioral healthcare provider*
• Represented providers during voluntary overpayment refunds to Medicare and State Medicaid programs and self-disclosures to the Office of Inspector General*

Disputes and Litigation

• Obtained dismissal of a qui tam lawsuit, alleging that a large health system violated the Anti-Kickback Statue based on payments made to doctors during the divesture of a physician-owned hospital*
• Obtained dismissal of a qui tam lawsuit — based on the FCA’s public disclosure bar —alleging that a large skilled nursing provider violated the Anti-Kickback Statute*
• Obtained dismissal of a qui tam lawsuit alleging that an academic medical center and employed physician medical group were improperly billing for assistant-at-surgery services in a teaching hospital*
• Secured declinations from the DOJ in a wide range of qui tam lawsuits alleging violations of the Anti-Kickback Statute and Stark Law, improper billing, and reimbursement for medically unnecessary services*

Settlements and Resolutions

• Represented a national home health provider during a $17 million FCA settlement concerning allegations of improper remuneration to a referral source through payment of an above-fair-market-value purchase price. Avoided the imposition of a corporate integrity agreement*
• Served as lead counsel for a large health system in connection with a first-of-its-kind lawsuit by the Washington State Attorney General’s Office alleging violations of the Consumer Protection Act based on the failure to provide financial assistance to low-income patients. Secured a favorable settlement on behalf of the client*
• Represented a hospital-based specialty pharmacy in a $10.1 million FCA settlement concerning allegations of improper billing for Medicare Part B drugs and the wavier or reduction of co-payments*
• Represented a nonprofit hospital in a $16.5 million FCA settlement concerning allegations of medically unnecessary interventional cardiology procedures and improper financial relationships with referring physicians*
• Represented skilled nursing and rehabilitation providers in an $8.3 million FCA settlement concerning allegedly medically unnecessary occupational, physical, and speech therapy services. Successfully persuaded the DOJ to avoid pursuing criminal indictments*

* Denotes experience prior to joining Goodwin

Asher is a member of the American Health Law Association.

Prior to Goodwin, Asher worked at two national AMLAW 100 firms.

• Co-Author, “Additional Disclosure Required: CMS Implements Substantial Changes to Reporting Skilled Nursing Facility Ownership Information,” Goodwin Client Alert, December 1, 2023
• Co-Author, “Cybersecurity Toolkit for Healthcare and Public Health Sector,” Goodwin Client Alert, November 21, 2023
• Co-Author, “California OHCA Publishes Final Regulations Regarding Healthcare Transaction Filing Requirements and Review Process,” Goodwin Client Alert, January 22, 2024
• Co-Author, “Do Your Diligence: M&A Considerations Following OIG’s Special Fraud Alert on Telemedicine,” Troutman Pepper, July 25, 2022
• Interviewed, “Top Lawyers: Asher Funk of Troutman Pepper on the Five Things You Need to Become a Top Lawyer in Your Specific Field of Law,” Authority Magazine, November 19, 2022
• Quoted, “Sutter Health Settles FCA Case for $13M Over Urine Tests; It’s Not a Typical UDT Case,” Report on Medicare Compliance (Vol. 31, No. 39), October 24, 2022
• Quoted, “Health System Settles Case Over Assistants at Surgery; Certifications Magnify the Risk,” Report on Medicare Compliance (Vol. 31, No. 38), October 17, 2022
• Quoted, “DME Manufacturer Settles FCA Case Over Prescriber Data for Suppliers,” Report on Medicare Compliance (Vol. 31, No. 33), September 12, 2022
• Quoted, “Another Practice Settles FCA Case on UDT; Health System Audit Centers on CLIA, Equipment,” Report on Medicare Compliance (Vol. 31, No. 29), August 15, 2022
• Speaker, “Hospital & Other Providers Roundtable,” 14th Annual ‘Investment and M&A Opportunities in Healthcare Conference, October 13, 2022