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Mike Ruggio is a partner in Ice Miller’s Health Care Group, where he focuses his practice on health care fraud and abuse and civil false claims act investigations, health care litigation and health care regulatory matters with an emphasis on representing hospitals and other health care providers, including medical device and pharmaceutical corporations and their respective officers and directors, in matters relating to federal regulation and investigation. He represents health care providers in general civil litigation matters as well. He has experience in health care antitrust matters, anti-kickback, Stark and HIPAA.

Mike has been involved in numerous pharmaceutical, e-health technology and bio-health cases concerning average wholesale pricing issues, reimbursement fraud, medical necessity and other related matters. He represents medical device and pharmaceutical companies in civil litigation and FDA compliance and has served as outside general counsel for the American Association of Health Freedom and Optimal Health, P.C. He also represents individuals and corporations in white collar and Foreign Corrupt Practices Act matters.

Prior to joining Ice Miller, Mike was a partner at an Am Law 100 firm and lobby group. In private practice since 1997, he was the senior trial counsel for the U.S. Department of Justice, Criminal Division, Washington, D.C. from 1990 to 1997 and the Special Assistant U.S. Attorney in the U.S. Attorney’s Office, Eastern District of Virginia from 1994 to 1996. From 1986 to 1990, Mike was senior counsel and officer for the Federal Deposit Insurance Corporation, Director and Officer Liability Section. Mike was a clerk for the Honorable Hal J. Bonney, Jr. of the U.S. Bankruptcy Court for the Eastern District of Virginia from 1982-1983.

As a senior counsel at the DOJ, Mike was involved in several FCPA investigations and prosecutions involving complex corporate violations of both the FCPA and anti-bribery laws and regulations. During his time in private practice he led the investigation, defense and ultimate resolution of numerous FCPA and anti-corruption cases. These matters involved both domestic and international entities and individuals in China, India, Brazil and Argentina. These cases involved pharmaceutical, health care, medical device, construction and other areas.
 
Selected Experience
  • Lead Counsel in largest Health Care Anti-Trust Government FTC matter in Southern Florida.
  • Represented large accounting firm in international FCPA Matter.
  • Acted as lead trial counsel in one of the largest Medicare and Medicaid health care carrier case verdicts in the U.S.
  • Recovered damages of $144 million for the Federal Insurance Fund.
  • Defended a major health care system in a substantial case involving allegations of billing fraud. Case involved numerous qui tam matters filed in various district courts and involved the review of millions of documents, hundreds of depositions, numerous court hearings, pretrial motions, etc.
  • Defended Department of Justice investigations for billing irregularity issues with regard to durable medical equipment groups, medical device manufacturers and pharmaceutical companies. Prevailed in favorable settlements in numerous matters.
  • Defended hospitals and health care providers in government investigations
  • Assisted in the investigation and plea negotiation in one of the largest medical device fraud cases in the state of Virginia.
  • Major civil litigation involving corporate licensing and government issues.
  • Criminal and civil matter involving the interpretation of California law with regard to physical therapy, Med-X treatment and therapy.
  • Defense litigation involving home health care physicians and favorable determination on CMS local coverage issues in Minnesota, Illinois, Wisconsin and Michigan.
  • Major civil litigation matter involving the defense of the treatment of Lyme disease by IV infusion for longer terms and dealing with the challenges to this treatment.
  • Represented client in challenge by the state of Washington and the Washington State Board of Pharmacy involving the sale of human growth hormones for the treatment of various illnesses.
  • Dispute involving substantial reimbursement disparity to be paid to client for its sole community hospital status. Obtained a favorable ruling from the District Court granting a summary judgment that the reimbursement disparity should be determined in favor of the sole community hospital.
  • Contract dispute involving the delay of delivery of drugs to hospitals in the entire mid-Atlantic region.
  • Obtained summary judgment and dismissal of several counts in the complaint.
  • Defended a large stockholder class action against a bank for fraud, conversion and violation of both state and federal securities laws. Obtained major victory in defeating class action certification, which was denied by the court after extensive briefs and court arguments.
  • Defended CAISO against FERC's attempt under the Federal Power Act (FPA) to control the board composition and, thereby, the voting control of a public corporation. The case was of first impression, and the decision would have impacted all Independent System Operators nationwide. Obtained a dismissal of FERC's action at the U.S. District Court; FERC appealed to the D.C. Circuit, D.C. Circuit Court affirmed the lower court.
  • Obtained Bankruptcy Court ruling on special treatment of terminal lease space in bankruptcy proceeding. Case resulted in millions of dollars for creditors of airlines for obligations under terminal leases and in 2007 was used in other major airlines bankruptcy cases.
Published In
  • “Pharmaceutical Compliance and Enforcement Answer Book,” Practicing Law Institute, January 24, 2014
  • “Do You Need A Chief Compliance Officer,” Medical Office Today, October 24, 2012
Speaking Engagements
  • “Enforcement Implications of COVID-19 Government Relief Funds and Regulatory Waivers,” Minimizing the Risks, May 19, 2020
  • Nelson Mullins Health care Group to Exhibit at HCCA’s 22nd Annual Compliance Institute, April 15-18, 2018
  • “Recovery Legislation and Expanding Legal Work, Resulting Fraud and Potential Areas of Business Development,” Akron Winter Law Institute, 2010
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