McDermott Will & Emery LLP
Dave Gacioch counsels clients across the health care industry and beyond on compliance and risk management issues. He also assists clients in conducting internal investigations and represents them in matters involving government investigations, enforcement actions and civil litigation.
Dave focuses his practice on three key areas: (1) information privacy, cybersecurity and data breach response issues arising under the Health Insurance Portability and Accountability Act (HIPAA) and other laws; (2) fraud and abuse issues arising under the Anti-Kickback Statute and other laws governing federal health care programs such as Medicare and Medicaid; and (3) False Claims Act cases brought by whistleblowers or government authorities. Notably, Dave has significant experience helping clients to negotiate, and to operate under, corporate integrity agreements (CIAs) and corrective action plans (CAPs).
Dave is one of the leading lawyers in the United States in the area of responding to HIPAA investigations by the US Department of Health & Human Services, Office for Civil Rights or state attorneys general, and negotiating favorable resolutions when such investigations result in allegations of non-compliance by covered entities or business associates.
Dave also has particularly deep knowledge of the fair market value issues that frequently arise in health care compliance and other contexts. He has worked extensively alongside (and opposite) experts from numerous leading valuation firms in the contexts of compliance counseling, investigations, litigation and arbitration, including with respect to “remuneration” issues under the Anti-Kickback Statute and litigation/arbitration damages issues.
As a former advanced emergency medical technician and ambulance service officer, Dave brings a provider’s perspective to the practicalities of health care compliance, which allows him to grasp issues quickly and to communicate them effectively both to and on behalf of providers.
Dave regularly writes and lectures on issues such as breach response, enforcement and litigation issues related to privacy and data protection. Dave also has significant trial, litigation and arbitration experience, and has performed extensive pro bono work
.Previously, Dave served as law clerk to the Honorable Ernest C. Torres, Chief Judge of the US District Court for the District of Rhode Island.