HMP LITIGATION SUPPORT AND INVESTIGATIONS
About the Practice
For more than 15 years, we have helped our clients and their advisors navigate the complexities of business, regulatory and criminal disputes by providing exceptional litigation and investigative support and expert testimony.
Our team of healthcare professionals has served approximately 40 cases to date, handling disputes of millions and billions of dollars and guiding clients through the challenges brought on by financial, accounting and fraud investigations. Our data platform, HMP Metrics, in tandem with our expertise, provides an edge unmatched in the litigation support arena.
We are a team of testifying and consulting practitioners, skilled in providing independent and objective expert opinions and data-driven analyses for our clients.
Led by Managing Director Jessica Scouten, CPA, CFE, CIRA, MAFF, our team serves law and accounting firms; healthcare providers, payers and suppliers; banks and private equity, government entities, and others, with a range of litigation support and investigative services including:
- Accounting and Financial Reporting
- Alter-ego Analysis
- Bankruptcy Fraud and Litigation
- Breach of Contract Claims
- Business Interruption
- Consulting Testimony related to Civil and Criminal Matters
- Economic Damages and Lost Profits
- Economic Modeling and Forecasting
- Financial Investigations
- Expert Witness Testimony
- Medicare and Medicaid Fraud and Abuse
- Professional Malpractice (Accounting, Consulting and Hospital Management, or Turnaround)
- Testimony Related to Ponzi Schemes
We focus on finding the facts
Our practice is backed by our customized data analyses and benchmarking platform, HMP Metrics, that allows us to produce thorough fact-based analyses on several issues including accounting irregularities, audit compliance, enterprise/equity valuation, Medicare fraud allegations, claims of lender liability, and professional negligence among others.
Metrics is an interactive, web-based, analytical tool that has the capability to search, compare and electronically analyze the data contained in almost 700,000 Medicare cost reports covering almost every hospital, nursing home health and hospice provider in the United States. In addition to the cost reports, the Metrics database also contains approximately 25 billion patient claims, census data and socio-economic indicators as well as data elements from seven other publicly available databases.
The assembled data set and the related proprietary software can be used to rapidly analyze the performance of individual providers and multi-site health systems against state, national or custom peer groups for over 1,700 operating, financial and clinical quality metrics. This data set has been instrumental in the majority of our healthcare cases, and sets HMP apart, as no other litigation support firm has this capability.
Metrics is a wholly owned subsidiary of HMP and offers access to the database to healthcare providers and their advisors, vendors, and payors on a subscription basis.
Testifying and Consulting Experts
If issues cannot be resolved through settlement, our team is ready to provide expert testimony supported by these analyses and reports.
Our experts prepare and interpret economic and statistical analyses and present their findings effectively in court, to regulatory authorities, or to healthcare clients.
HMP’s professionals consult and testify on various types of damages claims, including Medicare fraud, lost profits, loss of value, econometric and statistical analysis, restitution, contract damages, market definition, and competition analysis.
As healthcare providers face an unprecedented amount of scrutiny from internal and external parties, it is essential to have a dedicated team of healthcare professionals with strong financial and accounting skills at their side to guide them through the burdensome processes of financial, accounting and fraud investigations, business disputes and regulatory probes.
Our work spans all phases of investigation
We are present from the response to the initial inquiry to conducting witness interviews to performing data analysis to providing expert testimony – ensuring that you have our support and guidance each step of the way.
Our track record is a proven measure for success
Our team has a proven track record in performing comprehensive investigations, providing in‐depth analyses of complex financial transactions, preparing clear and concise reports, and providing compelling expert testimony to courts, arbitrators, mediators, and juries.
Our successes include leading and participating in the forensic accounting investigations of two of the biggest Medicare fraud cases in history: HCA and HealthSouth. We’ve also conducted internal investigations for public companies subject to inquiries from the Securities and Exchange Commission (SEC), and we’ve conducted an internal investigation for a Fortune Top 25 private company.
We have also assisted boards and management of both private and public healthcare organizations and have worked with state and federal agencies including the U.S. Department of Justice and the SEC.
Our team has assisted in response to investigations and inquiries initiated by or involving regulatory and law enforcement bodies related to financial reporting (GAAP), whistleblower allegations, regulatory compliance reviews, securities law violations, and other misappropriation of assets.
Our services include:
- Accounting Irregularities (Forensic Accounting)
- Asset Tracing
- Bankruptcy Fraud
- Embezzlement of Funds
- Patient Billing or False Claims Act Violations
- Regulatory Compliance and Enforcement
- Receiver’s and Examiner’s Roles
- Reconstruction of Accounting Books and Records
- Stark Violations
- Whistleblower Allegations
- White Collar Crime Investigations and Dissent
Case studies of matters handled by our professionals include:
- Subject Matter Expert in Nursing Home Related Matter – Served as Testifying Expert for Asset‐Based Lender
- “Big Four” Accounting Firm – Expert Testimony
- Alter Ego Analysis – Expert Testimony
- County Hospital – Damages Expert Regarding a Matter of Professional Malpractice by a National Hospital Management Company
- Littigation Support to a National Nursing Home Provider – Served as Damages Expert in a Pharmacy cost dispute
- Not-for-Profit Multi-Hospital System – Damages Expert Regarding a Matter of Professional Malpractice by a Hospital Management Company
- Financial Investigations – Cash Flow Analysis
- Post-Acquisition Purchase Price Dispute – Arbitrator
- Distressed Tax-Exempt Bond Fund – Served as Advisor and Investigator
- Creditors Litigation Trust – Damages Expert Regarding a Matter of Professional Malpractice by a Hospital Turnaround Management Firm
- Financial Investigations – Consulting Expert
- National Top Ten Medical College – Testifying Expert
- Multi-Hospital Not-for-Profit System – Consulting Expert in Medicare Fraud and Abuse
- Financial Investigation – Reconstruction of Books and Records – Asset Tracing
- National Investor-Owned Long-Term Acute Care Multi-Hospital Company – Internal Medicare Fraud Investigator
- General Acute Care Hospital – Expert Testimony in Accounting Malpractice
- Financial Investigation
- Multi-Hospital System vs. National Insurance Carriers – Expert Testimony and Damages Computation
- Government Owned Hospital – Damages Expert Regarding a Matter of Professional Malpractice by a National Hospital Management Company
- EHR Provider – Expert Testimony Regarding whether Payments by a Bankrupt Health System to an EHR Provider During the Preference Period were made in the Ordinary Course of Business
- Home Health ESOP Trust – Expert Testimony Regarding The Due Diligence Performed by the ESOP Trustee in conjunction with the ESOP transaction
- For-Profit Hospital – Damages Expert Regarding a Matter of Tortious Interference by a Hospital Competitor
- Subject Matter Expert in Commercial Health Insurance Contract Related Matter – Served as Testifying Expert for For-Profit Health System
With proven experience managing and turning around all types of distressed healthcare businesses, HMP is regularly appointed to serve as court-appointed receiver to oversee financially troubled businesses, for purposes of restructuring or selling the business.
When appointed, we assess the organization’s patient and resident care, marshal the business’ cash and communicate with all stakeholders including state and federal regulators. This initial assessment helps us to determine the organization’s financial position and market share among competition. We then design and execute a restructuring plan, which often involves the sale of a business’ assets.
Over the last five years, we have:
- Received 24 receivership appointments
- Been appointed by federal and state courts in seven states
- Accumulated an average of 13.4 months from appointment to sale of assets
- Increased Stalking Horse auction sales from $35,500,000 initial LOIs to $52,478,000 final auction prices.
Below, please find a list of law and accounting firms we have worked with:
- Baker Donelson
- Balch & Bingham LLP
- Bird Marella LLP
- Bradley Arant Boult Cummings LLP
- Burr Forman
- Butler Snow LLP
- Craig M. Geno PLLC
- Elliott Davis LLC
- Eileen N. Shaffer PLLC
- Frost Brown Todd
- Gearhiser, Peters, Lockaby, Cavett & Elliott, PLLC
- Greenberg Traurig LLP
- Gullett Sanford Robinson and Martin
- Hogan & Lovells LLP
- Horne CPAs
- Husch Blackwell LLP (Formerly Brown McCaroll LLP)
- Lash & Goldberg LLP
- Neal & Harwell
- Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP
- Sherrard Roe Voigt & Harbison
- Thompson Burton