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, contract research organizations, 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.
Experience
- Advise healthcare providers, private equity investors and portfolio companies in transactions regarding deal structure, due diligence, and regulatory compliance matters, including representation of:
- InTandem Capital Partners during a strategic equity investment in OrthoNebraska, a leading provider of musculoskeletal care
- InTandem Capital Partners during its investment in Adams Clinical, a renowned clinical trial site network that conducts independent evaluations of drugs to treat psychiatric and neurologic illnesses
- Adams Clinical in connection with an add-on transaction of Insite Clinical Research, a clinical trial site with expertise in inpatient and outpatient trials for psychiatric and neurologic illnesses
- Paradigm Oral Surgery in its acquisition of numerous oral and maxillofacial surgery practices across the country
- Advanced Biologics in its merger with Isto Biologics
- Serve as outside regulatory and compliance counsel for a large behavioral healthcare provider specializing in the treatment of substance use disorders
- Represented providers during voluntary overpayment refunds to Medicare and State Medicaid programs and self-disclosures to the Office of Inspector General
- 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*
* Denotes experience prior to joining Goodwin
- 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*
* Denotes experience prior to joining Goodwin
Areas of Practice
Professional Activities
Asher is a member of the American Health Law Association.
Professional Experience
Prior to Goodwin, Asher worked at two national AMLAW 100 firms.
Credentials
Education
JD2007
Northeastern University School of Law
BA2004
University of Michigan
Clerkships
Suffolk County Superior Court, Boston, MA, Honorable Margaret R. Hinkle
Admissions
Bars
- Illinois
- District of Columbia
Courts
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Southern District of Texas
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Tenth Circuit
Publications
- 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