Jason E. Bring

Partner

Fax: 404.873.8163

Biography

Jason is a partner in the Healthcare and Litigation practice groups and is co-chair of the Post-Acute & Long-Term Care industry team. He is hired by nursing homes, hospitals, hospices, and other institutional providers who know his reputation for precedent-setting legal results. Jason defends public and private organizations across the broad healthcare industry in litigation, governmental investigations, regulatory compliance, and administrative disputes. His widely-respected defense abilities span False Claims Act (whistleblower) cases and investigations nationally, as well as defending various Medicare and Medicaid audits.  Jason also represents providers in certificate of need (CON) matters and pursues administrative appeals on behalf of providers to recover and maximize reimbursement under the Medicare and Medicaid programs.

National and state associations such as the Georgia Hospital Association, the Georgia Health Care Association, the American Health Care Association, and the Georgia Hospice and Palliative Care Organization turn to Jason for guidance on legislative matters and appellate amicus briefs. Additionally, healthcare clients hire him for reimbursement matters, Medicare audits and appeals, and Unified Program Integrity Contractors (UPIC) audits and appeals.

Jason is deeply ingrained into the healthcare industry, serving as the immediate Past Chair of the Post-Acute and Long-term Services group of the American Health Lawyers Association (AHLA), the nation’s leading largest educational organization devoted to legal issues in the healthcare field; the Legal Committee of the American Health Care Association (AHCA); the Board of Directors for the Georgia Hospice and Palliative Care Organization (GHPCO); the Legislative Committee of the National Hospice and Palliative Care Organization (NHPCO); the Strategic Advisory Committee of the National Association for Home Care & Hospice (NAHC); and the Board of the Georgia POLST Collaborative. He is frequently sought as a speaker and contributor to some of the healthcare industry’s most prominent organizations.

Experience

  • Obtained precedent setting injunctions restricting attorney advertisements targeting nursing homes.

  • Obtained precedential temporary restraining order and settlement preventing the government from recouping against a hospice provider during its ZPIC appeal.

  • Successfully defended hospice in a federal False Claims Act investigation by filing a series of proactive motions, resulting in a significantly reduced settlement with no corporate integrity agreement.

  • Argued and obtained precedent setting decision from the Georgia Supreme Court extending enforceability of nursing home arbitration agreements to survivors.  (United Health Services v. Norton, 300 Ga. 736 (March 6, 2017)).

  • Obtained favorable rulings from multiple state appellate courts enforcing nursing home arbitration agreements, including Georgia, North Carolina, South Carolina, and Florida.

  • Obtained a precedent-setting injunction restraining a national plaintiff law firm from using deceptive advertisements that mischaracterized nursing home survey results.

  • For a healthcare client facing forced closure for relocating without obtaining government approvals, we implemented a strategy to form a new company to apply for the necessary approvals. Over the objections of competitors, we were able to obtain licensure approval, keep the client operational the entire time, and successfully defend litigation challenging the new approval process.

  • Gained CON approval for a new CyberKnife megavoltage cancer service.

  • Represented an existing ambulatory surgery center in successfully challenging a competitor’s application for a CON to develop an orthopedic surgery center. (The Surgery Ctr. v. Hughston Surgical Inst., 293 Ga. App. 879 (2008)).

  • Gained CON approval for a new cancer center over objections and administrative appeals by two competitors.

  • Compelled arbitration for nursing home provider, then prevailed at arbitration and received an award of attorney’s fees and costs against the plaintiff.

  • Implemented a novel strategy of filing a federal lawsuit to successfully compel arbitration of a nursing home case, for Kindred Nursing Centers, resulting in a decision of first impression in Georgia. (Kindred Nursing Centers Limited Partnership v. Cynthia Jones, USDC Southern District of Georgia, Case No. CV409-105 (March 16, 2011))

  • Successfully obtained reversal of over $1.3 million in Medicare denials for nursing home therapy services by implementing strategy of attacking the statistical extrapolation methodologies used by the audit contractor.

  • Obtained a decision of first impression in Georgia, for Omni H.C Inc. by establishing a statute of limitations for a cause of action for the False Claims Act retaliation provisions (United States ex rel. Nichols v. Omni, H.C., Inc., No. 4:02-CV-66(HV), 2008 WL 906426 (M.D. Ga. March 31, 2008))

  • Assisted hospice company in preventing Medicare recoupment resulting from a $20+ million ZPIC audit and then successfully negotiating a resolution for mere fraction of the initial audit demand.

  • Gained CON approval for a new cancer center for Meadows Regional Cancer Center LLC over objections and administrative appeals by two competitors. The approvals were upheld after additional judicial appeals.

  • Obtained injunctive relief against the government to prevent the recoupment of alleged overpayments and then successfully negotiated a settlement preventing additional recoupment efforts during the appeal process. This was the first ruling of its kind in the country in a ZPIC appeal.

Credentials

  • Georgia State University College of Law, Juris Doctor — 1998
  • University of Georgia, Bachelor of Business Administration — 1995
  • State of South Carolina 2011
  • State of Georgia 1998
  • United States District Court for the Southern District of Georgia 2012
  • United States Court of Appeals for the Eleventh Circuit 2008
  • United States District Court for the Middle District of Georgia 2001
  • United States District Court for the Northern District of Georgia 1999
  • Supreme Court of Georgia 1999
  • Georgia Court of Appeals 1999
    • American Health Lawyers Association, Immediate Past-Chair of the Post-Acute and Long-term Services Group
    • National Hospice and Palliative Care Organization, Legislative Affairs Committee
    • National Association for Home Care & Hospice, Strategic Advisory Committee
    • Georgia Hospice and Palliative Care Organization, Board of Directors
    • Georgia POLST Collaborative, Board of Directors
    • Georgia Academy of Hospital Attorneys
    • The Trial Law Institute

Recognition

  • Best Lawyers in America (Healthcare Law), 2013-20
  • Georgia Super Lawyers, 2016-2019
  • Chambers USA: America’s Leading Lawyers for Business (Healthcare), 2014-2015, 2019
  • Chair, Post-Acute and Long-Term Services Practice Group, American Health Lawyers Association
  • Super Lawyer in Health Law: Law & Politics and Atlanta Magazine
  • Senior Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society by invitation only, 2009-present
  • Fellow and Board Member, American Academy of Alternative Dispute Resolution

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