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MagMutual Hires Senior Regulatory Attorney in Response to Growing Risk of Government Scrutiny and Enforcement 

Emma Cecil

Emma Cecil

The delivery of health care services is more regulated than ever. For busy physicians focused on providing the highest quality of care to their patients, trying to make sense of the myriad legal and regulatory requirements by which they are bound is a daunting process fraught with both risk and uncertainty. Providers are expected to comply with a broad array of statutes and regulations, and those who don’t face a range of penalties, including exclusion or suspension from federal health care programs, draconian monetary damages and penalties, and even criminal prosecution.

Indeed, in fiscal year 2016 alone, federal initiatives resulted in health care fraud enforcement recoveries of over $3.3 billion, with the Department of Justice (“DOJ”) opening 975 new criminal health care fraud investigations and 930 civil health care fraud investigations. Investigations by the Department of Health and Human Services, Office of the Inspector General (“HHS-OIG”) resulted in 765 criminal actions related to Medicare and Medicaid and 690 civil actions, and the exclusion from federal health care programs of 3,635 individuals and entities.

In today’s aggressive enforcement climate, business practices and financial arrangements that might not have raised red flags in the past are now creating significant problems for even the most compliance-conscious providers. Given the government’s enhanced oversight of the health care industry, it is more important than ever for physicians and healthcare organizations to have access to experienced health care attorneys who are knowledgeable about the specific challenges they face and who can help them navigate the increasingly complex legal and regulatory landscape.

In light of these trends, and in furtherance of its commitment to providing the best product to its policyholders, MagMutual has announced the addition of Emma Cecil as its new Senior Regulatory Attorney and Policyholder Advisor. Prior to joining MagMutual, Emma spent nearly a decade defending physicians and other health care providers in civil and criminal investigations and enforcement actions brought by DOJ, HHS, and other state and federal agencies. Her extensive experience includes representing physicians and physician group practices in False Claims Act investigations and litigation, and counseling health care clients on a wide range of regulatory and compliance matters, including those involving the Stark Law, Anti-Kickback Statute, HIPAA, HITECH, and FDCA; self-disclosures to DOJ, OIG, and CMS; and reimbursement under Medicare, Medicaid, and other government health programs. Emma also regularly represented health care providers in administrative actions and appeals involving suspension, exclusion, and debarment; licensing board and regulatory agency investigations and proceedings; and complex commercial and business disputes.

Emma received her undergraduate degree from the University of Virginia and her law degree from the University of Denver, where she graduated in the top 5% of her class and was admitted to the Order of St. Ives for excellence in academic achievement. Following law school, Emma clerked for the Honorable Stanley F. Birch, Jr. of the Eleventh Circuit Court of Appeals. Emma is admitted to practice in Georgia (2007) and Colorado (2005).

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