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Jonathan L. Diesenhaus
Partner, Washington, D.C.
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jonathan.diesenhaus@hoganlovells.com

Jonathan L. Diesenhaus focuses on health care fraud and abuse litigation and counseling, federal and state False Claims Act litigation, and white collar criminal defense.

Prior to joining Hogan & Hartson, Jonathan served as a senior trial counsel in the Civil Division of the U.S. Department of Justice (DOJ) in Washington, D.C. From 1998 to 2005, he handled civil fraud and False Claims Act matters. He was designated an authority in the Stark Law, the health care Antikickback Statute, and the viability of claims under the False Claims Act as a remedy for unlawful marketing practices, including violations of the Food, Drug, and Cosmetics Act. He represented the government in a number of matters involving allegations that the payment of kickbacks to physicians and other referral sources resulted in the submission of false claims to the federal health care programs. Throughout his tenure at the department, Jonathan also worked closely with the Department of Health and Human Services (HHS), Office of the Inspector General, and Office of General Counsel to interpret and enforce the Antikickback Statute and the Stark Law and as a principal author of the DOJ's comments on various regulations and advisory opinions that HHS issued under those statutes. After settling a multiyear investigation of kickbacks paid to hundreds of physicians by a national hospital chain, Jonathan worked with a Civil Division team assigned to coordinate the DOJ's Pharma Fraud Initiative.

Jonathan received several awards during his tenure at the Justice Department, including an HHS Inspector General's Integrity Award for his work coordinating federal civil and administrative enforcement activities; a Food and Drug Administration Commissioner's Special Citation awarded to the team that litigated U.S. ex rel. Zissler v. University of Minnesota; a Civil Division Special Commendation awarded to the HCA Litigation Team; two honors awarded to the Parke-Davis Litigation Team; a Director's Award from the Executive Office of the United States Attorneys; and a Civil Division Special Commendation.

Jonathan speaks and writes frequently on health care fraud and abuse and the False Claims Act. He served as a contributing author to Prof. Pam Bucy's treatise, "Health Care Fraud: Criminal, Civil and Administrative Law," Law Journal Seminars-Press, 1998. Jonathan has also served on the Planning Committee for the American Bar Association's (ABA) National Institute on Health Care Fraud since that program began in 1993 and served as chair of that program for several years.

His articles include:  "Enforcement of Health Care Kickback Prohibitions Through the Civil False Claims Act: Recent Trends," US Attorneys’ Bulletin, July 2005, co-author:  Laura F. Laemmle; Comment:  "Competitor Standing to Challenge a Merger of Rivals:  The Applicability of Strategic Behaviorial Analysis," California Law Review, 1988.

Prior to joining the DOJ, Jonathan worked in private practice in Washington, D.C. He represented hospitals and other health care providers, manufacturers, physicians, and government contractors in a variety of civil and criminal fraud and antitrust matters.

Jonathan served as a law clerk to The Honorable Sherman G. Finesilver of the U.S. District Court for the District of Colorado in 1989.

Hogan Lovells Publications
23 May 2014 "HHS-OIG Proposes Significant Amendments to Exclusion and Civil Monetary Penalties Regulations." Health Alert, Hogan Lovells

09 May 2013 "HHS-OIG updates Special Advisory Bulletin on effect of exclusion from federal healthcare programs." Health Alert, Hogan Lovells

19 April 2013 "OIG releases revised and expanded self-disclosure protocol." Health Alert, Hogan Lovells

07 December 2012 "Free speech mandates vacating off-label promotion conviction, says Second Circuit." Litigation & Arbitration Alert, Hogan Lovells

24 February 2012 "CMS releases proposed rule on reporting and returning overpayments from the Medicare program." Health Alert, Hogan Lovells

21 February 2012 "Federal district court holds that application of the False Claims Act’s civil penalty provision would violate the Eighth Amendment’s prohibition of excessive fines and declines to impose penalties where there is no evidence of economic harm to the government." Litigation Alert, Hogan Lovells

18 August 2011 "Recalculating personal exclusion risk." Health Alert, Hogan Lovells

19 May 2011 "Supreme Court Rejects Whistleblower's Attempt to Use FOIA to Forage for False Claims Act Allegations." Litigation Alert, Hogan Lovells

21 October 2010 "Pursuing healthcare industry executives and managers: HHS claims broad authority." Health Alert, Hogan Lovells

June 2010 "False Claims Act Settlement Calls into Question Some Medical Product Rebate Practices." Health Alert, Hogan Lovells

07 April 2010 "Transparency Requirements, Health Care Fraud and Abuse Law Changes, and Program Integrity Provisions Enacted as Part of Health Reform Legislation." Health Update, Hogan & Hartson LLP

25 March 2010 "Health Reform Legislation Includes Significant Amendments to the False Claims Act and the Anti-Kickback Statute." Litigation Alert, Hogan & Hartson LLP

17 March 2010 "OIG Predicts Increased Scrutiny and Actions Against Individuals for Wrongdoing." Health Update, Hogan & Hartson LLP

11 January 2010 "Whistleblowers Continue Drive to Extend Reach of the Federal False Claims Act." Litigation Alert, Hogan & Hartson LLP

18 August 2009 "First Circuit Finds False Claims Act Provides Jurisdiction for Qui Tam Lawsuits Based On Publicly Disclosed Information Even If “Original Source” Whistleblower Tweets After the Fraud is Known to the Public." Litigation Alert, Hogan & Hartson LLP

June 2009 "Kansas Passes False Claims Act Without Qui Tam Provisions." Health Update, Hogan & Hartson LLP

21 May 2009 "New False Claims Act Amendments May Change the Way Research Institutions Respond to Discovery of Overpayments on Their Federal Grants and Contracts." Federal Research Update, Hogan & Hartson LLP

19 May 2009 "Amended Version of Senate Revisions to False Claims Act Passes Both Houses of Congress." Litigation Alert, Hogan & Hartson LLP

07 May 2009 "House Passes Amended Version of Senate Revisions to False Claims Act." Litigation Alert, Hogan & Hartson LLP

30 April 2009 "Federal Civil False Claims Act Expansion Moving Quickly Through Congress." Litigation Alert, Hogan & Hartson LLP

26 March 2009 "OIG Limits Provider Options for Voluntary Disclosure of Potential Stark Law Violations." Health Update, Hogan & Hartson LLP

11 March 2009 "Federal Civil False Claims Act Expansion Moving Quickly Through the U.S. Senate." Litigation Alert, Hogan & Hartson LLP

20 November 2008 "Senator Grassley Urges the Justice Department, Treasury Department, and Whistleblowers to Use the False Claims Act to Pursue Fraud by Entities that Apply For or Receive Federal Assistance Under Emergency Economic Stabilization Act." Financial Services Regulations Update, Hogan & Hartson LLP

10 November 2008 "CMS Finalizes Medicare Anti-Markup Rule Changes and Requests Additional Comments on Stark Law Exception for Hospital Incentive Payment and Shared Savings Programs." Health Update, Hogan & Hartson LLP

14 July 2008 "PhRMA Amends Guidelines for Interactions With Healthcare Professionals." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP

11 July 2008 "PhRMA Amends Guidelines for Interactions With Healthcare Professionals." Health Update, Hogan & Hartson LLP

16 June 2008 "Supreme Court Clarifies Requirements for Liability Under the False Claims Act." Health Update, Hogan & Hartson LLP

16 June 2008 "Supreme Court Clarifies Requirements for Liability Under the False Claims Act." U.S. Supreme Court and Appellate Update, Hogan & Hartson LLP

16 June 2008 "Supreme Court Clarifies Requirements for Liability Under the False Claims Act." Government Contracts Update, Hogan & Hartson LLP

16 June 2008 "Supreme Court Clarifies Requirements for Liability Under the False Claims Act." Education Investors Update, Hogan & Hartson LLP

21 April 2008 "CMS Solicits Comments on New 'Stark Law' Proposal." Health Update, Hogan & Hartson LLP

06 September 2007 "Healthcare Alert: CMS Issues Phase III Final Rule for Federal Physician Self-Referral (Stark) Law: Few Significant Immediate Changes; More in the Works." Health Update, Hogan & Hartson LLP

17 April 2007 "Supreme Court Clarifies Bar to Whistleblower Suits Under the False Claims Act." U.S. Supreme Court and Appellate Update, Hogan & Hartson LLP

21 December 2006 "The Centers for Medicare and Medicaid Services Guidance Issued to States to Implement Requirements That Employers Publicize False Claims and Whistleblower Statutes." Healthcare Alert, Hogan & Hartson LLP

04 October 2006 "Congress Requires State Medicaid Plans to Mandate That Employers Publicize False Claims and Whistleblower Statutes." Healthcare Alert, Hogan & Hartson LLP

01 May 2006 "The Proliferation of State Qui Tam Statutes and the Increasing Complexity of Multi-State Program Fraud Investigations.", Hogan & Hartson LLP

28 October 2005 "Proposed Health Information Technology Protections Under New Antikickback Statute Safe Harbors and New Stark Exceptions." Health Update, Hogan & Hartson LLP

Published Works
01 December 2010 "Enforcement Focus on Individuals: The HHS OIG’s Multifaceted Assault." Health Care Fraud Report, Bureau of National Affairs, Inc.

12 November 2010 "Risky Business: The Pursuit Of Healthcare Industry Executives And Managers." Health Lawyers Weekly, Vol. VIII, Issue 44, American Health Lawyers Association

28 October 2010 "Targeting Health Care Execs And Managers." Law360, Portfolio Media, Inc.

January 2009 "Hospital-Physician Collaborations: Antitrust and Health Care Fraud and Abuse Considerations." The Health Law Handbook, 2009, Thomson Reuters

PRACTICES
Litigation and Arbitration
Health
Pharmaceutical and Biotechnology
Medical Devices
Investigations, White Collar and Fraud
Education
Life Sciences Enforcement
INDUSTRY SECTORS
Life Sciences and Healthcare
Education
Hospitals
Pharmaceutical and Biotechnology
Medical Devices
Healthcare Services
AREAS OF FOCUS
  • Health Care Fraud and Abuse
  • Government Investigations
  • False Claims Act Litigation
  • Complex Commercial Litigation
EDUCATION
J.D., University of California, Berkeley Boalt Hall School of Law, 1988 B.A., cum laude, University of Colorado, 1985
MEMBERSHIPS
  • Program Chair and Planning Committee Member, ABA National Institute, Health Care Fraud
  • Section Leadership, Health Law Section, ABA
  • Barrister, Edward Bennett Williams Inn of Court
  • Member, Criminal Justice Section, White Collar Crime Committee, ABA 
AWARDS / RANKINGS
  • Chambers USA, Litigation: White Collar and Government Investigations, 2014
  • Food and Drug Administration Commissioner's Special Citation, 1999
  • U.S. Department of Justice, Civil Division Special Commendations, 2003, 2004
  • Executive Office of the U.S. Attorneys, Director's Award, 2004
  • Inspector General's Integrity Award, 2005
  • Legal 500 US, leading lawyer, Healthcare: service providers, 2013 - 2014
  • Nightingale's Healthcare News, Outstanding Fraud and Compliance Lawyer, 2007
  • Washington, D.C. Super Lawyers, Health Care, 2013
  • The Best Lawyers in America, Health Care Law, 2013
  • Martindale-Hubbell 2014 "Preeminent" (5 out of 5) Rating - Litigation, Arbitration and Employment; Health; Pharmaceutical and Biotechnology; Medical Devices; Investigations, White Collar and Fraud; Life Sciences Enforcement
BAR ADMISSIONS / QUALIFICATIONS District of Columbia Colorado
COURT ADMISSIONS U.S. District Court, District of Columbia U.S. Court of Appeals, District of Columbia Circuit U.S. District Court, District of Colorado U.S. Supreme Court