Chicago Whistleblower Lawyer

Michael C. Rosenblat is one of the most successful attorneys dedicated to representing clients under the False Claims Act in the Chicago Metropolitan Area. Mr. Rosenblat is a recognized expert in this area of the law. Mr. Rosenblat as co-authored Prosecuting and Defending Claims Under the Illinois False Claims Act, and has taught continuing legal education class on the subject. Michael C. Rosenblat has been involved in litigating cases filed under the False Claims Act since his assignment to the Illinois Medicaid Fraud Control Unit (“MFCU”) and then his assignment to the Illinois Attorney General’s Special Litigation Bureau. While assigned to the MFCU, Mr. Rosenblat represented the State of Illinois in litigation involving false claims submitted to the Illinois Medicaid program. While assigned to the Special Litigation Bureau, Mr. Rosenblat represented Illinois in cases filed under the Illinois False Claims Act, previously known as the Illinois Whistleblower Reward and Protection Act, for false claims submitted against Illinois, which did not involve the Medicaid funds.

Chicago whistleblower lawyer Michael C. Rosenblat has had the privilege of representing the State of Illinois as part of the National Association of Medicaid Fraud Control Units nationwide global settlement team against Deerfield, Illinois based Walgreens.

Mr. Rosenblat also took on the challenge of representing Cleveland Tyson in his False Claims Act lawsuit against Amerigroup. The Amerigroup lawsuit ultimately settled for $225 million. Mr. Rosenblat took on this lawsuit after the governments declined to intervene and after the case was unsealed. Mr. Rosenblat’s legal skills resulted in the pursuit of a cause of action that other attorneys discounted and was able to advance the case toward trial. Mr. Rosenblat then brought on additional law firms to reach a successful resolution.

Mr. Rosenblat represents whistleblowers throughout the United States.

Significant pending and unsealed False Claims Act cases include:

United States of America, ex rel. Bellevue v. Universal Health Services, 11-cv-05314

United States of America ex rel. William Ceas Jr., v. Chrysler Group, LLC, 12−cv−02870

Exhibits to Second Amended Complaint Against Chrysler.

Order Denying Chrysler's Motion to Dismiss.

United States of American ex rel. Dr. Stephen J. Graham, et al., v. Mobile Doctors, L.L.C. and Mobile Doctors Management, L.L.C., 12-cv- 1246

The Rosenblat Law provides representation whenever government agencies, contractors, or private insurance companies seek information concerning provider billing, payments, or compliance.

Medicare and Medicaid audits often begin with either a visit from law enforcement seeking the production of medical records, or a letter advising the provider of an audit and seeking records. In more extreme cases the provider may also receive a withholding of payments letter.

When an audit concludes that an overpayment has occurred Medicare, Medicaid or the contractor will attempt to recoup that overpayment.

Rosenblat Law works to eliminate or reduce the alleged overpayment while being cognizant of the risk of criminal prosecution based on the egregiousness of the alleged billing irregularities.

Mr. Rosenblat has successfully represented providers accused of overpayments from both Medicare and Medicaid. Since there are time limitations on filing appeals, it is imperative that counsel is retained as early as possible in the process. Nonetheless, Rosenblat Law has been retained to prepare the reconsideration, the second level of appeal after other counsel were unable to obtain a successful decision at the redetermination.

Of the five levels of appeal, each of which is considered a completely new examination of the audit and determination. Unlike a judicial appeal in which the appellate court often reviews the lower court only for plain error or an abuse of discretion, these Medicare appeals are independent determinations and not tied to the prior overpayment determination.

After an initial finding of an overpayment, the first level of review is called a redetermination. A redetermination is performed by an independent Medicare Administrative Contractor (MAC). Redeterminations must be filed within 120 days of the initial determination. Redetermination decisions should be issued within 60 days.

If the redetermination is unsuccessful, the second level of appeal is called a reconsideration. A reconsideration is performed by a Qualified Independent Contractor (QIC), such as C2C. The appeal must be received by the QIC within 180 days of receipt of the redetermination decision. All evidence must be submitted to the QIC, since the provider will not be able to supplement the record without good cause if the provider wishes to appeal the QIC’s determination to the next level.

The next level of appeal is before an administrative law judge. Unlike the prior appeals, these are conducted by the U.S. Department of Health & Human Services (HHS) Office of Medicare Hearings and Appeals (OMHA). Here the provider is afforded the opportunity to appeal via video teleconference, telephone, or in person. Appeals to an administrative law judge must be filed within 60 days of receipt of the decision from the QIC. Administrative law judges’ decisions are typically issued within 22 weeks.

If the provider is still unsatisfied with the recoupment decisions, the provider may continue the appeal before the Medicare Appeals Council. The Medicare Appeals Council review is conducted by the HHS Departmental Appeals Board. A request for review by the Medicare Appeals Council review must be filed within 60 days of the administrative law judge’s decision. Although the Medicare Appeals Council is required to issue an opinion within 90 days, due to the current backlog of appeals a decision may take more than 2.5 years.

Finally, the fifth level of appeal is in U.S. District Court. These proceeding must be filed in federal court within 60 days of the Medicare Appeals Council’s decision.

To discuss representation regarding a healthcare investigation or audit contact Mike Rosenblat at 847-480-2390 or mike@rosenblatlaw.com

Mr. Rosenblat represents healthcare providers throughout the United States.

The Rosenblat Law Firm represents clients charged with criminal offenses in state, federal, and military courts. Mr. Rosenblat has been selected to represent attorneys, the children of attorneys, police officers, physicians, teachers, and others knowledgeable and experienced in the law and complex matters. No matter whom Mr. Rosenblat represents, that person can rest assured that he or she will receive personalized representation.

Criminal defense attorney Michael C. Rosenblat is an experienced trial attorney and has represented clients charged in Federal, State, and military courts throughout the United States. Before opening Rosenblat Law, Mr. Rosenblat practiced law as an Army Judge Advocate General and prosecuted or represented soldiers in Court-Martials and administrative discharge proceedings. Upon leaving active duty, Mr. Rosenblat and continued his legal career with the Illinois Attorney General’s Office. At the Illinois Attorney General’s Office, Mr. Rosenblat prosecuted murder, official misconduct, securities fraud, and other high profile and sophisticated crimes. Mr. Rosenblat was promoted to Deputy Chief Criminal Prosecutions, lead prosecutor for the Illinois Medicaid Fraud Control Unit, and Deputy Chief of the Special Litigation Bureau.

Michael Rosenblat is dedicated to providing his clients with the personalized representation that they need and deserve. Mr. Rosenblat is known for his motion practice and skill in uncovering flaws in the government’s case which can result in reduced charges, a reduced sentence, or the dismissal of the case. Successful representation is case and client specific. The representation of a defendant/client often includes the filing of motions to suppress evidence, and always includes an analysis and determination if the client would be better served choosing a bench or jury trial, or pursuing a plea agreement.

The Rosenblat Law Firm provides its clients with the best representation possible. Mr. Rosenblat’s clients are treated as individuals, kept informed of the status of their case, the evidence for and against them, and the possible outcomes. Litigation is rarely a simple and routine matter and Mr. Rosenblat is known for keeping his clients informed of the risks and benefits associated with each strategic decision.

Mr. Rosenblat has appeared on numerous television shows to include CNN, Fox News, WLS Radio, WGN television, and was quoted in the Wall Street Journal. Mr. Rosenblat has made presentations before the Chicago Bar Association, the DuPage County Bar Association, and has written for the Illinois Institute of Continuing Education. Mr. Rosenblat has also received awards from the National Academy of Criminal Defense Attorneys Top Ten Attorney Award, the National Trial Lawyers Top 100 Trial Lawyers, and American Institute of Criminal Law Attorneys, 10 Best Attorneys.

Mr. Rosenblat represents clients in all federal and state criminal matters, at Court-Martials and before administrative discharge boards.

To speak to an attorney about any of these or related matters contact us at 847-480-2390, or by email at mike@rosenblatlaw.com