Michael E Paulhus (Mike)

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Michael Paulhus

ATLANTA
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Michael (“Mike”) Paulhus is a litigation partner in King & Spalding’s Healthcare Group in the firm’s Atlanta office.  Mr. Paulhus represents a wide range of healthcare industry clients in False Claims Act cases and government investigations.  He is a thought leader in the area of healthcare fraud defense, regularly speaking and publishing in the field. He also serves as an adjunct faculty member, teaching a Healthcare Fraud & Abuse seminar at Georgia State University School of Law.

A number of publications have recognized Mr. Paulhus’s success on behalf of his clients.  In 2014, Law 360 named him an MVP of Healthcare, one five attorneys nationwide who had extraordinary wins and contributed most to their practice area in the past year. Law360 had previously  selected Mr. Paulhus as a “Rising Star” in 2013—one of three attorneys nationwide practicing in the Health Law field “whose legal accomplishments belie their age.”  The Daily Report has also named Mr. Paulhus to its list of 40 Under 40 Georgia Attorneys “On the Rise.” Georgia Super Lawyers has listed Mr. Paulhus as a Rising Star in the field of Healthcare from 2010-2016.

Mr. Paulhus’s clients have included academic medical centers; regional hospital systems;  publicly-traded hospital corporations; schools of medicine; multi-national pharmaceutical, medical device, and biologics manufacturers; physician group practices; retail and long term care pharmacies; a disease management provider; skilled nursing facility operators; behavioral health facilities; and DME provider.

Mr. Paulhus is actively involved in the community, serving as Secretary to the Board of Directors of The Atlanta Opera, as well as a member of the Emory University Board of Visitors, and the Planning Committee of the American Health Lawyers Association Fundamentals of Health Law Conference.

Presentations

  • The False Claims Act:  A Powerful Enforcement Tool, American Health Lawyers Association, Fundamentals of Health Law (November 14, 2016).

  • Use of ADR in Healthcare Disputes, Georgia Bar Association, Health Law Section, Advanced Healthcare Law Seminar (September 30, 2016).

  • Enforcement and Compliance Trends:  What does the Government expect you to know?, 2016 Alabama HFMA Fall Institute (September 28, 2016).

  • Healthcare Fraud Enforcement in 2016:  The Post-Yates Memorandum Focus on Individuals, K&S Health Law & Policy Forum (Mar. 21, 2016).

  • Enforcement Efforts in FCA/Stark Cases, American Health Lawyers Association, Physicians and Hospitals Law Institute (February 9-10, 2016).

  • The Gordian Knot of ADR in FCA Cases:  Untangling Conflicting Interests of Multiple Parties, American Health Lawyers Association, Physicians and Hospitals Law Institute (February 8, 2016).

  • Use of ADR in Healthcare Disputes, Atlanta Bar Association (January 6, 2016).

  • The False Claims Act: A Powerful Enforcement Tool, American Health Lawyers Association, Fundamentals of Health Law (November 16, 2015).

  • Unlevel Playing Field: What Can You Do When Your Competitor Is Gaining An Illegal Advantage?, K&S Healthcare Roundtable (October 20, 2015).

  • False Claims Act Primer, American Health Lawyers Association, Fraud and Compliance Forum (September 27, 2015).

  • Update from the Courts:  Emerging Legal Issues in Whistleblower Litigation, American Conference Institute Advanced Forum on Whistleblower Litigation (July 28, 2015).

  • FCA 101 - Introduction to the False Claims Act, K&S CLE (June 5, 2015).

  • OIG Update 2015, South Carolina HFMA (May 28, 2015).

  • Big Data: Implications of Data Mining for Employed Physician Compliance Management, Health Care Compliance Association, 2015 Compliance Institute (April 22, 2015).

  • A Conversation with DOJ:  Health Care Fraud Enforcement Considerations and Thoughts on Provider Steps to Reduce Exposure, 24th Annual Health Law and Policy Forum (March 15, 2015).

  • Clinicaltrials.gov:  Understanding the New Proposed Rule on Registration and Results Submission to the Publicly Accessible Databank, K&S Healthcare Roundtable (February 17, 2015).

  • Healthcare Fraud Enforcement in 2015:  Where Are We Today, and Where Are We Going?, American Health Lawyers Association, Physicians and Hospitals Law Institute (February 3-4, 2015).

  • E-Discovery For Healthcare Providers: Best Practices In A World Of Ever-Increasing Data, K&S Healthcare Roundtable (January 29, 2015).

  • False Claims Act Panel, Health Care Compliance Association, Southeast Regional Conference (January 23, 2015).

  • Ethics Credit:  Is Your Attorney-Client Privilege as Robust as You Think?, American Health Lawyers Association, Academic Medical Centers (January 22, 2015).

  • Fighting Back: Counterclaims, Fee Shifting, and Sanctions under the FCA,  American Conference Institute Executive Forum on False Claims and Qui Tam Enforcement (January 21, 2015).

  • The Compliance Risks and Rewards of Big Data in Health Care, Clear Law Institute Webinar (January 15, 2015).

  • The False Claims Act:  A Powerful Enforcement Tool, American Health Lawyers Association, Fundamentals of Health Law (November 13, 2014).

  • Is Your Attorney-Client Privilege as Robust as You Think in Light of Recent Case Law Developments?, K&S Pharma University (November 11, 2014).

  • Compliance Lessons for Providers From Recent CIAs, K&S Healthcare Roundtable (October 27, 2014).

  • Panel:  Healthcare Fraud and Abuse Update:  Recent Trends in Detection, Enforcement and Prosecution, Georgia Bar CLE —Advanced Health Care Law (October 17, 2014).

  • The Compliance Risks and Rewards of Big Data in Health Care, American Health Lawyers Association, Fraud and Compliance Institute (October 6, 2014).

  • The Healthcare Fraud Enforcement Environment:  Current Trends Facing Georgia Hospitals, Healthcare Financial Management Association, Georgia Chapter (September 26, 2014).

  • Compliance Lessons Learned From Recent CIA Developments, K&S E-Learn (Aug. 28, 2014).

  • Lessons Learned From OIG’s Evolving Approach to Corporate Integrity Agreements, Health Care Compliance Association Webinar (June 17, 2014).

  • Compliance Game Changers:  What Behavioral Health Providers Should Know, Tennessee Association of Mental Health Organizations (April 24, 2014).

  • Wrapping It Up.  Are You Ready?, Tennessee Association of Mental Health Organizations (April 24, 2014).

  • Learning From CIAs:  What You Need to Know Even If You’re Not Under One, Health Care Compliance Association 2014 Compliance Institute (March 31, 2014).

  • No Court Orders Needed to Mine This Data:  Technology Driven Enforcement in Healthcare, 23rd Annual Health Law and Policy Forum (March 17, 2014).

  • Stop Thief!:  Protecting and Securing the Return of Stolen PHI and Sensitive Documents, K&S Healthcare Roundtable (February 19, 2014).

  • How to Make a Disclosure to the Government:  When is the 60-day Disclosure Requirement Triggered and When does a Company Need to Make a Voluntary Disclosure, American Conference Institute Executive Forum on False Claims and Qui Tam Enforcement (January 28, 2014).

  • The Healthcare Fraud Enforcement Environment:  Current Trends Facing Providers, Healthcare Financial Management Association, Georgia Chapter (November 22, 2013).

  • Introduction to the False Claims Act:  The Government’s Anti-Fraud Tool of Choice, American Health Lawyers Association, Fundamentals of Health Law (November 4, 2013).

  • A Conversation With A Healthcare Fraud Defense Team:  Current Issues Facing Healthcare Providers, K&S Healthcare Roundtable (August 23, 2013).

  • Compliance Matters:  Mitigation of Fraud & Abuse Exposure Through Effective Compliance Efforts, Arkansas Hospital Association (August 21, 2013).

  • Healthcare and FDA/Life Sciences Symposium (July 18, 2013), Presentation on healthcare fraud and False Claims Act issues to consider in making equity investments and lending to entities in the healthcare industry.

  • Panel Discussion:  Fraud & Abuse Enforcement Trends Facing Georgia Hospitals, Georgia Academy of Healthcare Attorneys (May 3, 2013).

  • Assuming Too Much:  When Communications with Your Attorney Are Not Privileged, 22nd Annual Health Law and Policy Forum (March 18, 2013).

  • Hot Topics in the Medical Device Industry, Moderator, Southeastern Medical Device Association Conference (February 19, 2013).

  • Are You Covered?  Insurance Planning and Solutions for Healthcare Regulatory Investigations, K&S Healthcare Roundtable (February 15, 2013).

  • Briefing on Clinical Research, Greater New York Hospital Association (October 10, 2012).

  • Healthcare Executives Under Fire:  The Government’s Increasing Focus on Individual Liability, K&S Healthcare Roundtable (September 28, 2012).

  • Key Trends in Healthcare Fraud Enforcement and Compliance (April 30, 2012) (presented to board of directors of regional hospital system).

  • Healthcare Industry:  Hot Developments in Enforcement and Compliance, Georgia State University School of Law, guest lecture (March 20, 2012).

  • Georgia Indigent Care Trust Fund—Ensuring Participant Compliance, Georgia Hospital Association TelNet (November 1, 2011).

  • Trends in Fraud & Abuse Enforcement After Healthcare Reform, Georgia Chapter of the Association of Certified Fraud Examiners (August 5, 2011).

  • Turning up the HEAT:  Healthcare Fraud Enforcement in the Current Environment, Georgia Academy of Healthcare Attorneys (May 12, 2011).

  • Defending False Claims Act and Whistleblower Cases, K&S University (April 14, 2011).

  • Nuts & Bolts of Conducting Government and Internal Investigations, K&S University (April 12, 2011).

  • Spoliation, Lies, and Magnetic Tape:  Best Practices for Successfully Handling Documents in a Healthcare Investigation, American Health Lawyers Association, Hospitals and Health Systems Law Institute (February 11, 2011).

  • Best Practices for Conducting a Compliance Audit, HCCA SE Regional Conference (January 21, 2011).

  • False Claims, Overpayments, and Audits, American Health Lawyers Association, Fundamentals of Health Law (October 24, 2010).

  • Recent Changes to the False Claims Act, Navigant Consulting (July 13, 2010).

  • Healthcare Reform Legislation, Part IV: Reform Driven Strategies and Tactics, K&S Healthcare Roundtable (May 21, 2010).

  • Healthcare Reform Legislation, Part III:  Enhanced Fraud & Abuse Liability and Compliance Challenges, K&S Healthcare Roundtable (May 7, 2010) [prepared slide presentation].

  • Civil False Claims Act:  Basic Principles and Issues for Litigators, K&S University (November 19, 2009).

  • A “Perfect Storm” in Fraud Enforcement?  False Claims Act Expansion, Audit Contractor Development, Self-Disclosure Developments and Fortified Enforcement Priorities, K&S Healthcare Roundtable (July 17, 2009).

  • Fraud Enforcement Recovery Act Amendments to the False Claims Act (June 9, 2009).

  • Nuts & Bolts Litigation Skills:  Discovery Conferences and Initial Disclosures (March 28, 2007).

  • Public Corruption Cases and Lobbying Compliance in the Post-Abramoff World (March 27, 2007).

Publications

  • The False Claims Act:  Trends in Rx Exposure, Chain Drug Review (April 27, 2015).

  • Does ACA Meet Expectations for Pharmacies?  Chain Drug Review (Dec. 8, 2014).

  • The False Claims Act:  A Powerful Enforcement Tool,, American Health Lawyers Association, 2014 Fundamentals of Health Law.

  • Is Quality of Care the Next Frontier of FCA Litigation?  AHLA Fraud & Abuse E-Newsletter (December 2013).

  • “New Government Strategies for Rooting Out Health Care Fraud,” Health Care Law Enforcement and Compliance/ Inside the Minds Series (Thomson Reuters/Aspatore Books) (2013 ed.) (chapter author with John C. Richter).

  • Keeping Privilege In-House:  Recent Developments and Practical Tips for Managing Privilege Issues, AHLA Hospitals & Health Systems E-Newsletter (April 2013).

  • Michael E. Paulhus, Northern District of New York Rejects Whistleblower Allegations, Finding Certain Regulatory Violations Are Not Conditions of Payment That Trigger False Claims Act Liability, Health Briefs, AHLA Healthcare Liability & Litigation E-Newsletter (February 22, 2011).

  • Michael E. Paulhus, False Claims Act:  Key Concepts, Recent Changes, and Effective Defense Strategies, American Health Lawyers Association, 2010 Fundamentals of Health Law.

  • Richard L. Shackelford & Michael E. Paulhus,  Recent Changes to the False Claims Act:  The Impacts of FERA and the FCA Provisions of PPACA on Health Care Entities, American Health Lawyers Association/Health Care Compliance Association, 2010 Fraud & Compliance Forum.

  • Christopher C. Burris, Michael E. Paulhus, & Louisa B. Childs, Converging Events Signal a Changing Landscape in False Claims Act and Whistleblower Litigation and Investigations, The Federal Lawyer, Nov/Dec 2009, at 59.

  • Michael E. Paulhus, Fraud Enforcement and Recovery Act of 2009:  Recent Amendments to False Claims Act Highlight Need for Heightened Focus on Obligations to Repay Overpayments, Dennis Barry’s Reimbursement Advisor, Oct. 2009, at 1.

  • Richard L. Shackelford, Michael E. Paulhus, & Jordan Stringer, Litigating FCA Cases:  Recent Decisions and Developments, American Health Lawyers Association, 2009 Annual Meeting.

  • Sara Kay Wheeler and Michael Paulhus, The Revised PhRMA Code: Implications For Provider Conflict-of-Interest Policies, Compliance Today (Dec. 1, 2008).

  • Non-Participating Provider Disputes: An Overview of Theories, Arguments, Defenses and Results, American Health Lawyers Association, 2008 Payors, Plans and Managed Care Law Institute (contributing author).

  • King & Spalding Health Headlines (July 2008-December 2011) (numerous entries reporting on False Claims Act and healthcare fraud litigation developments).
INDUSTRIES
Healthcare
Pharmaceutical/Biotechnology/Medical Technology

MEMBERSHIPS
American Bar Association
Atlanta Bar Association
American Health Lawyers Association
District of Columbia Bar
Health Care Compliance Association
State Bar of Georgia

CLERKSHIPS
Law Clerk, Honorable Kenneth F. Ripple, U.S. Court of Appeals for the Seventh Circuit

EDUCATION
J.D., summa cum laude, Order of the Coif, Washington and Lee University
B.A., summa cum laude, Phi Beta Kappa, Boston College

ADMISSIONS
District of Columbia
Georgia
Supreme Court of the United States
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Central District of Illinois
U.S. District Court for the Middle District of Georgia
U.S. District Court for the Northern District of Georgia