Robert A. Griffith

Of Counsel

(617)279-2404

rgriff@grglaw.com

 

Robert A. Griffith manages the firm’s health law practice area. Mr. Griffith began his career as an Assistant Attorney General in the Massachusetts Attorney General’s Office and was assigned to the Medicaid Fraud Control Unit, one of the first such units in the country. With over twenty five years experience as a trial attorney in this specialized area of law, Mr. Griffith has participated in over 450 health care fraud and abuse investigations and prosecutions in no fewer than seventeen different state and federal jurisdictions, and has tried numerous health care fraud and abuse cases on the federal and state level. Mr. Griffith specializes in the representation of health care providers in all matters concerning fraud and abuse investigations and prosecutions, overpayment demands, billing, compliance, and professional discipline.

Since entering private practice in 1982, Mr. Griffith has represented hospitals, psychiatric facilities and institutions, physicians, group practices, clinical laboratories, pharmaceutical companies, pharmacies, walk-in centers, nursing homes, durable medical equipment providers, home health agencies, dentists, nurses, podiatrists, psychologists, social workers, and veterinarians. Mr. Griffith is the author of numerous articles, book chapters on health law topics in the area of fraud and abuse and a frequent speaker at health law continuing education programs for the legal and medical professions. In January 2014, the American Health Lawyers Association published Mr. Griffith’s practice guide entitled Fraud & Abuse Investigations Handbook for the Healthcare Industry. Robert A. Griffith has served on the Board of Directors of the American Health Lawyers Association and the Massachusetts Supreme Judicial Court’s Mental Health Advisors Committee. Mr. Griffith is a former Chairperson of the Massachusetts Bar Association’s Health Law Section and the Medicine and Law Committee of the Tort and Insurance Practice Section of the American Bar Association. Mr. Griffith graduated from St. Bonaventure University in 1974 and Boston College Law School in 1978. Mr. Griffith is active in the firm’s health care law, white collar crime, and complex litigation practice areas.

CAREER HIGHLIGHTS

  • Assistant Attorney General in the Massachusetts Attorney General’s Office.
  • Former Chairperson of the Massachusetts Bar Association’s Health Law Section.
  • Formerly served on the Board of Directors of the American Health Lawyers Association.
  • Massachusetts Supreme Judicial Court’s Mental Health Advisors Committee
  • Former Chairperson of the Massachusetts Bar Association’s Health Law Section and the Medicine.
  • Former Chairperson of the Law Committee of the Tort and Insurance Practice Section of the American Bar Association.

 


Admissions

 

  • Supreme Judicial Court of Massachusetts
  • United States District Court for the District of Massachusetts
  • United States Court of Appeals for the First Circuit

Memberships

 

  • American Health Lawyers Association
  • Massachusetts Bar Association
  • Boston Bar Association

Publications

 

  • AMERICAN HEALTH LAWYERS ASSOCIATION publishes Robert A. Griffith’s co-authored Fraud and Abuse Investigations Handbook for the Health Care Industry (First Edition – 2014).
    “AHLA is pleased to bring to this new title… and recommends the publication to all who are involved in the health care field who need to understand the complex nature of a government fraud and abuse investigation. [AHLA] anticipates that Fraud and Abuse Investigations Handbook for the Health Care Industry will prove to be a useful guide not only for attorneys, but also for health care administrators, executives, medical practice managers, and others in understanding this area of the law as it continues to evolve.” AHLA Preface. Fraud and Abuse Investigations Handbook
  • Co-author, “Fraud & Abuse Investigations Handbook for the Healthcare Industry” (American Health Lawyers Association, 2000)
  • “Defending Physicians Before Boards of Registration of Medicine, Health Law Handbook” (Alice Gosfield, ed., 1994, Clark, Boardman, Callaghan)
  • Legal Analysis: “United States v. Levin: Entrapment by Estoppel Doctrine Applied in Medicare Reimbursement
  • Understanding Joint Ventures and the New Safe Harbor Regulations
    Robert A. Griffith, Esq. and Paul W. Shaw, Esq.
    Physical Therapy Today
    American Physical Therapy Association
    January/February, 1992
  • Resisting Disclosure of Mental Health Records During Medicaid Investigations and Audits, Medical Staff Counselor, Fall, 1991
  • Safeguarding the Confidentiality of Medical and Mental Health Records
    Robert A. Griffith and Dale C. Schneider
    The Medical Staff Counselor, Winter, 1991, Vol. 5 , No. 1
    Matthew Bender & Company
  • Health Care Proxies, Living Wills and the Patient Self-Determination Act of 1990
    Paul W. Shaw and Robert A. Griffith
    Group Practice Journal
    American Group Practice Association
    September/October 1991
  • An Insider’s View of Overpayment Audits
    Robert A. Griffith and Paul W. Shaw
    Medical Group Management Journal
    November/December 1991
  • Appealing Medicare Payment Denials
    Paul W. Shaw and Robert A. Griffith
    Medical Group Management Journal
    November/December 1991
  • Techniques for Defending Health Care Fraud and Abuse Cases, Medical Staff Counselor, Spring, 1990
  • Collateral Sanctions for Criminal Convictions in the Medicare and Medicaid Programs, Medical Staff Counselor, Summer, 1990
  •  “Preparing for Trial,” Health Care Fraud and Abuse: Enforcement and Compliance, American Health Lawyers Association, 1997
  • “Practice Issues,” Health Care Fraud and Abuse” National Health Lawyers Association, 1996
  • Representing Health Care Providers charged with Fraud and Abuse,” Massachusetts Bar Association, 1994; Liability Beyond Malpractice–Statutory and Regulatory Obligations of Physicians, American Bar Association, National Institute, 1994
  •  Understanding Institutional Rights and Obligations in Fraud and Abuse Cases, Massachusetts Hospital Association, 1994
  •  Medical Records, Massachusetts Bar Association, 1994
  • Defending Physicians Against Medicare and Medicaid Penalties and Other Collateral Sanctions, American Bar Association, National Institute, 1993
  • Nuts and Bolts of an Appellate Review Proceeding, National Health Lawyers Association, 1991
  • Defending Fraud and Abuse Cases, National Health Lawyers Association, 1989
  •  Physician Sanctions, Understanding and Avoiding Penalties, National Health Lawyers Association, 1989

Public Speaking

 

  • 20th Annual Hospital & Health Law Conference 2019
    Massachusetts Continuing Legal Education
    May 23, 2019
    Boston, MA
  • Federal and State Enforcement
    Massachusetts Continuing Legal Education
    Health and Hospital Law
    November 3, 2015
    Boston, MA
  • Responding to Audits and Other Governmental Investigative Activities
    Massachusetts Continuing Legal Education
    Representing Physicians, Health Care Providers and Medical Groups
    February 12, 2014
    Boston, MA
  • Fraud Investigations by Private Health Insurance Companies
    Boston Bar Association – Health Care Fraud
    May 14, 2014
    Boston, MA
  • Federal and State Enforcement
    Massachusetts Continuing Legal Education
    Health and Hospital Law
    November 14, 2014
    Boston, MA
  • Federal and State Enforcement
    Massachusetts Continuing Legal Education
    Health and Hospital Law
    November 3, 2013
    Boston, MA
  • Federal and State Enforcement
    Massachusetts Continuing Legal Education
    Health and Hospital Law
    November, 2012
    Boston, MA
  • Federal and State Enforcement
    Massachusetts Continuing Legal Education
    Health and Hospital Law
    November, 2011
    Boston, MA
  • Health Care Fraud and Abuse
    Massachusetts Continuing Legal Education – Basics Plus
    Health and Hospital Law
    November 9 – 10, 2010
    Boston, MA
  • Medicare Fraud Avoidance Guidelines – Ethics Lecture
    American Podiatric Medical Association Region One
    Podiatry Institute Conference
    October 22 – 24, 2010
    Danvers, MA
  • Recent Private Health Insurance Cost Containment Efforts
    Off-Label Prescribing Litigation
    Payment Denials
    MA, ME and NH Rheumatology Society Presentation
    September 2010
    Boston, MA
  • Use of Experts in Adjudication
    Massachusetts Continuing Legal Education – Administrative Agency Advocacy Workshop
    Tuesday, May 18, 2010
    Boston, MA
  • Resident Legal Issues
    Council of Teaching Hospitals of the American Association of Colleges of Podiatric Medicine
    Faculty Development Conference
    May 15, 2010
    Boston, MA
  • Fraud and Abuse
    Massachusetts Continuing Legal Education – Health Law Basics
    November 4 – 5, 2009
    Boston, MA
  • Fraud and Abuse
    Massachusetts Continuing Legal Education – Health Law Basics
    September 17 – 18, 2008
    Boston, MA
  • Fraud and Abuse
    Massachusetts Continuing Legal Education – Health Law Basics
    September 26 – 27, 2007
    Boston, MA
  • False Claims and Overpayments: Basic Principles and Criminal Concerns For Civil Lawyers American Health Lawyers Association Fundamentals of Health Law
    December 2 – 4, 2007
    Chicago, IL
  • Fraud and Abuse Investigations: Implications for Professional Coders
    American Academy of Professional Coders
    Grand Canyon Coders Conference
    June 2006
    Phoenix, Arizona
  • Fraud and Abuse Investigations
    Healthcare Compliance Resources
    Annual National Compliance Conference
    March 12 – 14, 2003
    Lake Tahoe, NV
  • Neglectful/Harmful Patient Care: Motions in Limine under Daubert v. Merrell Dow Pharmaceuticals, Inc., Excluding Scientifically Unreliable Evidence
    American Health Lawyers Association
    Fraud & Abuse Compliance Forum
    September 21 – 23, 2003
    Washington, DC
  • Medical – Legal Considerations for Race Directors and Medical Teams
    The Medicine Behind the Boston Marathon
    Massachusetts Governor’s Committee on Physical Fitness and Sports
    April 13, 2002
    Boston, MA
  • Fraud and Abuse, What to Do When the Government Comes Knocking
    Society of Medical-Dental Management Consultants
    2002 Annual Meeting
    June 27 – 29, 2002
    Alexandria, VA
  • Case Study on Credentialing Hearings
    American Health Lawyers Association/Annual Meeting
    June 30 – July 3, 2002
    San Francisco, CA
  • Fraud and Abuse Issues for Small Group Physician Practices
    American Health Lawyers Association and the Health Care Compliance Association
    Healthcare Fraud and Abuse: Compliance Forum
    September 29 – October 1, 2002
    Washington, DC
  • Responding to Civil and Criminal Investigations
    Arizona Health Lawyers Association
    Criminalizing the Health Care Industry
    November 8, 2002
    Phoenix, AZ
  • Responding to Civil and Criminal Investigations
    American Health Lawyers Association/Annual Meeting
    June 16 – 20, 2001
    Orlando, FL
  • Protecting Healthcare Practitioners in Fraud and Abuse Investigations
    National Association of Health Care Consultants/Annual Meeting
    June 21 – 23, 2001
    Phoenix, AZ
  • Use of Electronic Software in the Trial of Police Misconduct Cases
    Association of Trial Lawyers of America/Annual Conference
    Civil Rights Section
    July 12 -15, 2001
    Montreal, Quebec
    Canada
  • Defending Yourself Against Fraud and Abuse Charges
    New England Accounts Receivable Management, Inc.
    Annual Health Law Update
    November 6, 2001
    Boston, MA
  • Fraud, Abuse and Physician Compliance
    Massachusetts Medical Society
    January 20, 2000
    St. Luke’s Hospital
  • Innovative Trial Presentation Techniques for the New Millennium
    Massachusetts Bar Association
    March 14, 2000
    Boston, MA
  • Health Care Fraud and Abuse
    Massachusetts Bar Association
    April 26, 2000
    Boston, MA
  • The Knock at the Door: Defending False Claims and Qui Tam Actions
    American Health Lawyers Association/Annual Meeting
    June 19 – 21, 2000
    Washington, DC
  • Protecting Healthcare Practitioners in Fraud and Abuse Investigations
    National Association of Health Care Consultants
    Northeastern Regional Conference
    September 9, 2000
    Lee, MA
  • Practical Guidelines for Investigations, Hearing and Trials
    American Health Lawyers Association
    Healthcare Fraud and Abuse: Compliance and Enforcement
    November 2 – 3, 2000
    Washington, DC
  • Health Care Fraud Investigations
    American Health Lawyers Association
    Healthcare Fraud and Abuse: Compliance and Enforcement
    November 11-12, 1999
  • Fraud, Abuse and Physician Compliance
    Massachusetts Medical Society
    October 5, 1999
  • Lawrence Memorial Hospital
    Health Law Basics
    Massachusetts Bar Association
    September 24, 1999
    Boston, MA
  • Emerging Causes of Action
    American Bar Association
    March 5 – 6, 1998
    Boston, MA
  • Ethical Issues in Managed Care
    American Physical Therapy Association/Southern New England Conference
    October 30, 1998
    Newport, RI
  • Health Care Fraud Investigations
    American Health Lawyers Association
    Healthcare Fraud and Abuse: Compliance and Enforcement
    October 22- 23, 1998
    Arlington, VA
  • Healthcare Crimes
    Massachusetts Continuing Legal Education
    Health Law Basics Seminar
    September 24, 1998
    Boston, MA
  • White Collar Criminal Cases
    National Health Lawyers Association/American Academy of Hospital Attorneys
    Long Term Care and the Law Seminar
    February 4 – 6, 1998
    Coronado, CA
  • Preparing for a Trial
    National Health Lawyers Association/American Academy of Hospital Attorneys
    Health Care Fraud and Abuse: Enforcement and Compliance Seminar
    October 30 – 31, 1997
    Washington, DC
  • Managing Risk in a Podiatric Medical Practice
    American Podiatric Medical Association (Annual New England Conference)
    1996 Annual Conference
    October 25- 26, 1996
    Danvers, MA
  • Medical Records: The Basics & Beyond
    Massachusetts Bar Association
    Health Law, Civil Litigation, and Criminal Justice Sections, Young Lawyers Division
    Barnstable, Bristol and Plymouth County Bar Associations
    December 4, 1996
  • Practice Issues: Attorney Client and Work Product Privileges, Joint Defense Agreements, Witness Statements Under the Jencks Act, Organizing and Documenting Evidence: Practical Consideration, and Cross-Examination, Mock Trial — Health Care Fraud
    National Health Lawyers Association
    Fraud and Abuse Seminar
    October 2 – 4, 1996
    Arlington, VA
  • Moderator, Litigators Examine Experiences with Managed Care Liability in the Court Room
    American Bar Association
    TIPS National Institute
    Liability Issues in Managed Care
    May 16-17, 1996
    Atlanta, GA
  • Health Care Fraud: A View from the Trenches
    Boston University School of Law
    Pike Institute on Law and Disability
    November 16, 1995
    Boston, MA
  • Risk Management Beyond Malpractice
    Massachusetts Bar Association
    Massachusetts Medical Society
    October 18, 1995
    Waltham, MA
  • Ethics of Representing Healthcare Clients under Investigation/Obtaining Opinion Letters
    National Health Lawyers Association
    Healthcare Fraud and Abuse
    October 11 – 13, 1995
    Washington, DC
  • Liability Beyond Malpractice-Statutory And Regulatory Obligations Of Physicians
    American Bar Association
    TIPS National Institute
    Liability Issues For Health Care Providers In A Changing Environment
    March 17-19, 1994
    Palm Springs, CA
    May 5-7, 1994
    Washington, DC
  • Medical Records The Basics & Beyond
    Massachusetts Bar Association
    Health Law Section
    April 6, 1994
    Springfield, MA
  • Representing Health Care Providers Charged With Fraud & Abuse
    Massachusetts Bar Association
    Health Law Section
    May 18, 1994
    Boston, MA
  • Medical Records The Basics & Beyond
    Massachusetts Bar Association
    Health Law Section
    October 26, 1994
    Boston, MA
  • Representing Health Care Providers Charged With Fraud & Abuse
    Massachusetts Bar Association
    Health Law Section
    November 9, 1994
    Boston, MA
  • Medicare and Medicaid Health Care Provider Sanctions
    Tort and Insurance Practice Section (TIPS) National Institute
    American Bar Association
    May 20-22, 1993
    New Orleans, LA
  • Medicare and Medicaid Health Care Provider Sanctions
    TIPS National Institute
    American Bar Association
    February 13-15, 1992
    San Diego, California
  • Health Law Update: An In-depth Review of Legal Changes Affecting Practice in the 90’s
    Survival Seminars
    February 27 – March 1, 1992
    Cancun, Mexico
  • Understanding Joint Ventures and the New Safe Harbor Regulations
    1992 Annual Conference, Private Practice Section
    American Physical Therapy Association
    November 11-15, 1992
    Dallas, Texas
  • Defending Criminal and Civil Fraud and Abuse Cases
    20th Annual Health Law Update
    National Health Lawyers Association
    June 5-7, 1991
    Chicago, IL
  • Nuts and Bolts of an Appellate Review Proceeding (Credentialing Issues)
    The New Medical Staff: Legal Issues Update
    National Health Lawyers Association
    September 27-28, 1991
    Chicago, IL
  • Confidentiality of Medical Records in Medicare/Medicaid
    11th Annual Institute on Medicare and Medicaid Payment Issues
    National Health Lawyers Association
    American Academy of Hospital Attorneys
    April 18-20, 1990
    Baltimore, Maryland
  • National Health Lawyers Association and American Medical Association
    May 5-6, 1989
    Chicago, Illinois
  • Defending Fraud and Abuse Cases
    1989 Health Law Update
    National Health Lawyers Association
    June 7-9, 1989
    San Francisco, California
  • Defending Fraud and Abuse Cases
    Annual Meeting
    National Association of College and University Attorneys
    July 1, 1989
    Boston, Massachusetts
  • Fraud and Abuse Investigations: When the Government Stumbles
    1988 Annual Meeting
    National Association of Medicaid Fraud Control Units
    Annapolis, Maryland
    Joint Medicare/Medicaid Investigations
    Defense Attorney Panel

 

Education

 

  • Boston College Law School, J.D. (1978)
  • St. Bonaventure University (1974)