"In my 35 years of law practice, I have worked with almost every facet of the medical profession – from physicians to practice managers, and from nurse practitioners and therapists to large clinics. This wide-ranging experience allows me to provide solid day-to-day advice, long term business strategy and litigation counseling, and practical solutions to complex health law compliance matters."
Linda Rodrigue has been practicing law since 1989 and joined the firm in March 1991. Linda is the senior attorney in the firm’s health law group. She represents physicians, physician groups, pharmaceutical manufacturers, continuing care retirement communities, physical therapists, rehabilitation agencies, physician assistants and other businesses that provide services to health care providers. Linda has experience in health care administrative, regulatory and litigation matters, including acting as lead counsel in defense of qui tam (whistleblower) cases; providing fraud and abuse advice; defense of Medicare and Medicaid audits; compliance advice, programs and investigations; HIPAA compliance; and Medicare and Medicaid exclusion and reinstatement. She represents health care providers before numerous licensing boards, as well as before credentialing agencies such as managed care organizations and hospitals. She has personally handled more than 150 cases for physicians in licensing board matters. Linda also provides Stark law and federal and state Anti-Kickback statute advice and recommendations. She also acts as special health law counsel to criminal defense attorneys in health care cases.
Linda deals regularly with the Louisiana Attorney General’s office; with legal counsel for the Louisiana Department of Health and Hospitals; and with the Louisiana State Board of Medical Examiners.
Linda previously served as a law clerk to the Honorable Bailey Brown, Circuit Judge of the United States Courts of Appeal for the Sixth Circuit.
Thought Leadership
“Important Recent Stark Law Developments,” Kean Miller Health Law Seminar, March 2, 2016
“Regulatory Environment: Things That Can Go Wrong and How to Minimize the Risk (DHH Licensing and Complaint Surveys),” 2014 HCLA/LALA Annual Conference to Adult Residential Care Provider Audience, November 2014
“LAMMICO Defense Counsel Seminar,” Regulatory Matters, August 2014
Louisiana Hospital Association, Society of Hospital Attorneys, 2006-2013
“Have You Made Your HIPAA Changes for September 23?,” Kean Miller Health Law Seminar, September 18, 2013
Health Care Reform Briefing Series, June 24, August 26, and October 28, 2010
International Municipal Lawyers Association, October 2010
“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 Medicare and Medicaid Services,” Department of Health and Human Services in 2010
“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, 2006
“National Patient Safety Act,” 2005
“Fraud and Abuse: Physicians Have Questions,” LAMMICO newsletter, The Letter, July / August 2005
“Fraud and Abuse Teleconference,” Panelist, ABA Health Law Section, Young Lawyers Division, ABA Center for CLE, 2004
“On The Healthcare Horizon: Legal Issues,” Baton Rouge Business Report – What’s New in Healthcare, 2003
Louisiana Healthcare Financial Management Association, 2001 and 2002 Winter Conferences on “Compliance Issues”
“HIPAA Privacy and Proposed Changes to the Rule,” Physician CME Seminar, 2002
“Professional Negligence Teleconference,” Panelist, 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-Kickback Statute and Civil False Claims Act
“Qui Tam Lawsuits,” 2000
“False Claims Act,” Lorman Education Series, 2000
“Nursing Law in Louisiana,” NBI, 1991
Memphis State University, Cecil C. Humphreys School of Law, J.D., highest honors, 1989
LSU, B.G.S., 1986
Bar Admissions
Louisiana
Courts
U.S. District Court for the Eastern District of Louisiana
U.S. District Court for the Middle District of Louisiana
U.S. District Court for the Western District of Louisiana
U.S. District Court for the Western District of Tennessee
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Supreme Court
“Best Lawyers,” The Best Lawyers in America, 2008-2026
“Super Lawyers,” Louisiana Super Lawyers, 2010-2015
Experience
Lead attorney in the defense of federal False Claims Act cases, including whistleblower (qui tam) lawsuits alleging false claims under Medicare and Medicaid, both in Louisiana cases and in multi-state cases.
Defense of RAC, ZPIC and other Medicare post-payment audits.
Defense of physicians, optometrists, dentists, pharmacy providers, home health agencies, home and community based service providers, CMHC’s and mental health rehabilitation providers in Medicare and Medicaid post-payment recoupment matters.
Successfully defended Medicare post-payment recoupment matter, resulting in reduction in recoupment from $650,000 demand to under $10,000 decision by administrative law judge after a full evidentiary hearing.
Successfully defended Medicaid recoupment matter investigated by the Louisiana Attorney General’s Office, resulting in a reduction in recoupment from $1,000,000 claimed to under $15,000 in settlement.
Representation of physicians, social workers, licensed professional counselors, radiologic technologists, psychologists, pharmacists, and physician assistants in licensing board matters, both in and outside of Louisiana (for example: Linda has physician licensing board experience in Texas, Alabama and New York).
Extensive experience in representation of physicians in licensing board matters before the Louisiana State Board of Medical Examiners (handling more than 150 cases).
Representation of physicians in hospital privileges matters – including full evidentiary hearings.
Representation of health care providers in transactional matters that involve compliance under the Stark law and the state and federal Anti-Kickback statutes.
Representation of home and community based providers, nursing facilities, adult residential care providers, and ambulatory surgical centers in state licensing matters.
Representation of continuing care retirement communities in litigation, regulatory, administrative and transactional matters.
Representation of health care providers in developing regulatory compliance programs and providing regulatory compliance reviews and advice.
Defense of cases under the Louisiana Medical Assistance Programs Integrity Law (MAPIL statute), the Louisiana False Claims Act.
Lead health law relationship attorney with the Louisiana Department of Justice, Office of the Attorney General; the United States Attorney’s Office for the Middle District of Louisiana, Civil Division; and the Louisiana Department of Health and Hospitals.
