Linda G. Rodrigue

Linda Rodrigue is a partner in the Baton Rouge office of Kean Miller. She has been practicing law since 1989 and joined the firm in March 1991. Linda is the senior attorney in the firm’s health law regulatory group. She represents physicians, physician groups, continuing care retirement communities, physical therapists, rehabilitation agencies, physician assistants, and businesses that provide services to health care providers.  Linda has experience in health care administrative, regulatory and litigation matters including defense of qui tam (whistleblower) cases; fraud and abuse advice and defense; defense of Medicare and Medicaid audits; compliance advice  and compliance investigations; HIPAA compliance; and Medicare and Medicaid exclusion and reinstatement.  She also represents healthcare providers before numerous licensing boards, as well as before credentialing agencies such as managed care organizations and hospitals.

Linda is listed in the The Best Lawyers in America (2008-2012) in Health Care Law and in the 2011 edition of Louisiana Super Lawyers.

Representative Experience

  • Defense of federal False Claims Act litigation, including whistleblower lawsuits
  • Defense of physicians, optometrists, dentists, pharmacy providers, home health agencies, waiver providers, CMHC's and mental health rehabilitation providers in defense of Medicare and Medicaid audits
  • Representation of physicians, social workers, licensed professional counselors, radiologic technologists, pharmacists, physician assistants and nurses in licensing board matters, both in and outside of Louisiana; extensive representation of physicians before the Louisiana State Board of Medical Examiners
  • Representation of physicians in hospital privileges matters
  • Representation of healthcare providers in transactional matters that involve compliance questions under the Stark law and the state and federal Anti-Kickback statutes
  • Representation of continuing care retirement communities in litigation, regulatory and transactional matters
  • Representation of waiver providers in licensing and post-payment review matters
  • Defense of cases under the Louisiana Medical Assistance Programs Integrity Law (MAPIL statute)
  • Serve as special counsel with criminal defense attorneys in health care criminal cases

Education

Linda earned her B.G.S. from Louisiana State University in 1986. She earned her J.D., with highest honors, from The University of Memphis School of Law in 1989. After graduation from law schoo, Linda served as a law clerk to the Hon. Bailey Brown, United States Court of Appeals for the Sixth Circuit.

Admissions

  • Admitted, Tennesse, 1989; Louisiana, 1991;United States Court of Appeal, Sixth Circuit, 1989; United States District Court for the Western District of Tennessee, 1990; United States Court of Appeals, Fifth Circuit, 1991; United States District Courts for the Eastern, Middle and Western Districts of Louisiana, 1991; United States Supreme Court, 2008

Memberships

  • Baton Rouge, Louisiana State (Health Law Section) and American Bar (Health Law Section) Associations; American Health Lawyers Association; Louisiana Medical Group Management Association; Louisiana Hospital Association, Society of Hospital Attorneys; Healthcare Financial Management Association.

Articles, Publications and Presentations

  • Speaker, Health Care Reform Briefing Series, Baton Rouge, Louisiana, June 24, August 26, and October 28, 2010.
  • Speaker, International Municipal Lawyers Association (IMLA), New Orleans, Louisiana, October, 2010, on HIPPA.
  • CMS Issues Proposed Rule on Disclosure Requirements for Certain In-Office Imaging Services, 2010.
  • New Health Care Fraud Initiatives in Health Care Reform Legislation, Baton Rouge Business Report, 2010.
  • Reporting and Disclosure Under Health Care Reform, Baton Rouge Business Report, 2010.
  • Public Comments Regarding CMS Proposed Rule on Disclosure Requirements for Certain In-Office Imaging Services sent to Centers for Medical and Medicaid Services, Department of Health and Human Services in 2010, on behalf of health care providers.
  • Failure to Report and Return Identified Overpayments Can Be a False Claim, Louisiana Optometry Association Newsletter, 2010.
  • Your Tax Dollars at Work: Understanding Federal Government Investigations of Medical Practices, Video Seminar, December, 2009.
  • Professional Courtesy Exception Under Stark III: Significant Changes, 2008.
  • Medicaid Recoupment Based on Lack of Medical Necessity Not Permitted If Based on Review of Billing Records Alone, 2007.
  • Quality of Care: A Fraud and Abuse Issue?, 2006.
  • Collateral Issues in Settling Medical Malpractice Cases and Fraud and Abuse in Quality of Care, National Business Institute Seminar, 2006.
  • Collateral Issues Related to Pleading Guilty to Health Law Crimes, Louisiana Association of Criminal Defense Lawyers, New Orleans, 2006.
  • National Patient Safety Act, 2005.
  • Fraud and Abuse: Physicians Have Questions, LAMMICO newsletter, The Letter, July / August 2005.
  • Panelist, Fraud and Abuse Teleconference, ABA Health Law Section, Young Lawyers Division, ABA Center for CLE, 2004.
  • Faculty, LAMMICO Annual Defense Counsel Meeting, 2004.
  • Third Party Reimbursement Issues, Baton Rouge, 2003.
  • On The Healthcare Horizon: Legal Issues, Baton Rouge Business Report - What's New in Healthcare, 2003.
  • Speaker, Louisiana Healthcare Financial Management Association, 2001 and 2002 Winter Conferences on "Compliance Issues."
  • HIPAA Privacy and Proposed Changes to the Rule, Physician CME Seminar, Baton Rouge, 2002.
  • Panelist, Professional Negligence Teleconference, ABA Health Law Section, Young Lawyers Division, ABA Center for CLE, 2002.
  • Legal Expert, LAMMICO Fraud and Abuse Seminars, Baton Rouge, Hammond, Lafayette, Alexandria, and Monroe, Louisiana.
  • Physicians Opting-Out of Medicare, LAMMICO Newsletter, The Letter, 2001.
  • Medicare/Medicaid Fraud and Abuse, Lake Charles (2001) and Baton Rouge (1999, 2000, 2001), covering Stark Law, Anti-Kick back Statute and Civil False Claims Act.
  • Qui Tam Lawsuits, Baton Rouge, 2000.
  • False Claims Act, Lorman Education Series, Baton Rouge, 2000.
  • Nursing Law in Louisiana, NBI, Baton Rouge, 1991.

Community Service

  • Board of Directors, Capital Area CASA (Court Appointed Special Advocates)
  • Board of Directors, Treasurer, Vice President, Battered Women's Program
  • Volunteer, Friends for Life-Baton Rouge AIDS/HIV Task Force
  • Board of Directors, Vice President, Louisiana Lupus Foundation
  • Chair, Louisiana Legal Network
  • Member, YWCA, Connections Subgroup
  • Lawyers in the Classroom
  • Graduate, Greater Baton Rouge Chamber of Commerce Leadership Class of 2001
  • Hearing Committee Member, Louisiana Attorney Disciplinary Board

Education

J.D., University of Memphis School of Law, 1989

B.G.S., Louisiana State University, 1986

Jurisdictions Admitted to Practice

Tennessee, 1989
United States Court of Appeal, Sixth Circuit, 1989
United States District Court for the Western District of Tennessee, 1990
Louisiana, 1991
United States Court of Appeals for the Fifth Circuit, 1991
United States District Courts for the Eastern, Middle and Western Districts of Louisiana, 1991

Professional & Bar Association Memberships

Baton Rouge Bar Association

Louisiana State Bar Association
Health Law Section

American Bar Association
Health Law Section

American Health Lawyers Association

Louisiana Medical Group Management Association

Louisiana Hospital Association

Society of Hospital Attorneys