Tim McCormack

Washington, D.C. Office
T: 202.204.3516
F: 202.204.3501

tmccormack@constantinecannon.com
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Tim McCormack is a partner in Constantine Cannon’s Washington, DC office.   He specializes in representing whistleblowers in “qui tam” lawsuits brought under the Federal and various state False Claims Acts and claims made under the Internal Revenue Service and Securities and Exchange Commission’s whistleblower programs.

Mr. McCormack is a recognized expert and frequent author and speaker on issues related to health care reimbursement and coding, provider contracting, commercial and government managed care programs (including Medicare Advantage risk adjustment fraud), the Stark and Anti-Kickback laws, and the use of data and analytics in the detection and remediation of fraud.

He joined Constantine Cannon in June 2015. Previously, he was a partner at Phillips & Cohen, LLP. His clients have successfully helped the United States and various states recover hundreds of millions of dollars, including cases where:

  • A Medtronic subsidiary and more than 100 hospitals were allegedly engaged in a fraudulent scheme to bill Medicare for medically unnecessary inpatient procedures for a routine spine surgery. The whistleblowers’ efforts led to a nationwide enforcement initiative and recovered nearly $150 million for taxpayers.
  • The United States recovered $69.3 million from The Louis Berger Group in a case involving complex cost reporting fraud related to construction projects funded by the United States Agency for International Development. This settlement was the largest recovery in a case involving war-zone contractors in Afghanistan and Iraq.
  • Alpharma Inc. paid $42.5 million to settle allegations that it paid kickbacks to physicians to boost sales of its prescription painkiller, Kadian. The alleged kickbacks included payments for sham “consulting” arrangements, payments for attendance at meetings held at resorts with lavish entertainment and “educational grants,” which were just thinly disguised kickbacks.
  • Two brothers helped the State of New York recover $20 million by unwinding a sophisticated scheme involving illegal retention of “off-invoice” rebates paid by vendors supplying food, milk and supplies to public schools and universities. The $20 million settlement was the largest non-Medicaid fraud settlement under the New York False Claims Act.
  • Omnicare, the nation’s largest provider of pharmacy services for nursing homes, paid $19.8 million to settle allegations that it paid millions in kickbacks to two Atlanta-based nursing home chains in return for contracts to provide prescription drugs to their residents.
  • The nursing home chains and their owners later paid the federal government and certain state Medicaid programs $14 million to settle allegations that they solicited and accepted the kickbacks from Omnicare.
  • Omnicare paid an additional $17.2 million to settle allegations that it paid two Chicago-area nursing home owners millions in kickbacks in return for contracts to provide prescription drugs to residents of the nursing homes. The nursing home owners then paid the government $5 million to settle allegations that they took kickbacks from Omnicare.
  • Six banks paid $161.7 million to settle allegations that they illegally charged veterans hidden fees on refinanced home loans backed by the Veterans Administration.

Mr. McCormack is also one of the lead attorneys representing a whistleblower in a prominent case against UnitedHealth Group alleging the Medicare Advantage Organization engaged in risk adjustment fraud under Medicare Parts C and D.

He graduated cum laude from Harvard College in 1992. After a brief stint in the Navy, he worked as a contract negotiator, data analyst and SAS programmer for a commercial health insurance company. He then developed reporting systems to manage clinical and financial initiatives as a managed care analyst for a large Physician-Hospital Organization.

He graduated from the University of Maine School of Law in 2001, where he was Editor-in-Chief of the Law Review. He clerked for the Honorable D. Brock Hornby, U.S. District Court for the District of Maine, and the Honorable Fred I. Parker of the U.S. Second Circuit Court of Appeals.

Mr. McCormack worked for U.S. Senator Susan M. Collins as her policy advisor for labor, agriculture, forestry and veterans’ issues. He then worked as a litigation associate in the Washington, DC office of Goodwin Procter LLP, where his practice focused on complex commercial litigation.

 

Practice Groups

Admissions

  • Maine
  • Massachusetts
  • District of Columbia
  • U.S. District Court for Maine
  • U.S. District Court for Massachusetts,
  • U.S. District Court for the District of Columbia
  • U.S. District Court for Western District of New York
  • U.S. Tax Court

Publications

United States Rewards International Whistleblowers for Help in Uncovering Fraud (with Richard Pike and Hamsa Mahendranathan) The Huffington Post (May 18, 2016).
Click here to read the article.


Risks of Being Acquired by Non-Hospital Entities (with Molly Knobler) Physicians Practice (January 29, 2016).
Click here to read the article.

Is the Eros Whistleblower the Harry Markopolos of Bollywood or Just Another Short Selling Fraudster?
(with Molly Knobler)
The Huffington Post (January 22, 2016).
Click here to read the article.

A Legally-Compliant Practice: Necessary but Insufficient for Good Medicine? (with Molly Knobler) The Compliance & Ethics Blog (November 16, 2015).
Click here to read the article.

There’s No Such Thing as a Free BBQ: Kickbacks Cost Physicians Too (with Molly Knobler) The Huffington Post, (November 10, 2015).
Click here to read the article.

Deflategate's Ultimate Lesson: The NFL Needs a Whistleblower Program (with Gordon Schnell) The Huffington Post, (October 14, 2015).
Click here to read the article.

DOJ’s Adventist Settlement Puts the Power of Whistleblowers in “Stark” Relief (with Molly Knobler) The Compliance & Ethics Blog (September 23, 2015).
Click here to read the article.

Medicare Advantage Plan Loses Members, Responds with Plans to Raise Risk Adjustment Scores (with Molly Knobler) The Compliance & Ethics Blog (September 21, 2015).
Click here to read the article.

Stark Law Enforcement Trend: Hospital and Individual Physician Settle Allegations of Stark Law Violations and Illegal Upcoding (with Molly Knobler) The Compliance & Ethics Blog (September 17, 2015).
Click here to read the article.

Is the FDA Ready for Kim Kardashian and Mutant Head Lice? (with Molly Knobler) The Huffington Post (August 28, 2015).
Click here to read the article.

Wisconsin Chamber of Commerce’s love/hate relationship with public-private partnerships The Hill (August 11, 2015).
Click here to read the article.

The risks and rewards of medical loss ratio come to managed care (with Mary Inman and Jessica T. Moore) Managed Healthcare Executive (March 12, 2015).
Click here to read the article.

EHRs: Computer Functions Facilitate Fraud (with Mary Inman) Healthcare Business Monthly (May 2014).
Click here to read the article.

The lurking risks of hospital-employed physicians: Stark, Anti-Kickback and False Claims Act compliance Health Care Finance News (March 25, 2014)
Medicare Risk Adjustment: Financial Incentives May Lead to Bad Practices (with Mary Inman) AAPC Coding Edge( October 2012, 30-32)
Expert Testimony and Professional Licensing Boards: What is Good, What is Necessary, and the Myth of the Majority-Minority Split 53 Me. L. Rev. 139, 2001

Speeches/Presentations:

November 17, 2016 Presenter: "The Making of a Whistleblower: How to Provide the Right Incentives to Report Fraud Internally and What Happens When You Fail"
Clear Law Institute
Click here for more.


March 15, 2016 Presenter: "Federal Qui Tam Litigation: A Primer for the Newcomer to Federal Whistleblower Actions"
SUNY Buffalo Law School and the Law Alumni Association's GOLD Group CLE Program.


October 24, 2013 Panel Moderator: "New Frontiers in Health Care Fraud" Thirteenth Annual Taxpayers Against Fraud Education Fund Conference


October 4 2013 Panel: "Enforcement Trends in Fraud and Abuse" PLI: Health Care and Life Sciences Law 2013


February 25, 2013 Presenter: "Anti-Fraud Challenges for 2013" HCCA Managed Care Compliance Conference


December 19, 2012 Panel: "Enforcement Trends in Fraud and Abuse" PLI: Health Care and Life Sciences Law 2012


September 13, 2012 Panel: "Health Care Fraud And The FCA: Battles Won And The Road Ahead" Presented on "Medicare Managed care fraud" Twelfth Annual Taxpayers Against Fraud Education Fund Conference


February 13, 2012 Presenter: "Beyond RADV: Does Your Plan's Risk Adjustment Strategy Run Afoul of the False Claims Act" HCCA Managed Care Compliance Conference.
download PDF


May 13, 2011 Panel: "How Compliance and Ethics Programs Fail" Society of Corporate Compliance and Ethics Upper Northeast Regional Compliance & Ethics Conference


March 30, 2011 Panel: Views from the Other Side: The Perspective of Plaintiff's Counsel and Whistleblowers American Conference Institute's Advanced Forum on WHISTLEBLOWER ENFORCEMENT & COMPLIANCE
Click here for more.


September 9, 2008 Panel: "Health Care Fraud Frontier" Eighth Annual Taxpayers Against Fraud Education Fund Conference


September 11, 2007 Panel: "Bad Medicine: Medical Devices & DME Fraud" Seventh Annual Taxpayers Against Fraud Education Fund Conference



The London office of Constantine Cannon is a separate and independent limited liability partnership registered in England and Wales (with registered number OC376384) with a registered office at 1 Paternoster Square, London EC4M 7DX. Constantine Cannon LLP in London is authorised and regulated by the Solicitors Regulation Authority. The professional rules applicable to the firm are available at the SRA website at www.sra.org.uk/rules.