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Roger Cohen is a senior counsel in the Health Care Department. His practice focuses on representing health care and life science clients, including academic medical centers, hospitals, physician organizations, health information technology and medical device companies, private equity firms, and other financial institutions in a wide array of health care regulatory matters.

Law360 recognized Roger as a 2014 “Rising Star,” naming him as one of the top health care lawyers in the country under age 40. Similarly, SuperLawyers named Roger a New York Metro Rising Star in both 2013 and 2014.

Roger's experience includes:

  • Counseling providers concerning reimbursement matters, marketing activities, the Stark Law, the Anti-Kickback Law, HIPAA, and various other regulatory and compliance matters;
  • Representing health care providers in health-care-fraud investigations including a number of major, national investigations by the United States Attorneys’ Office and the Department of Justice concerning Medicare outlier payments, billing for kyphoplasty procedures, billing for implantable cardiac defibrillators, and numerous other investigations related to cost reporting and billing issues as well as alleged violations of the Anti-Kickback Statute and Stark Law 
  • Litigating actions under federal and state false claims acts, including obtaining dismissal of separate federal and state qui tam actions against Beth Israel Medical Center (United States ex rel. Colucci v. Beth Israel Medical Ctr., 785 F. Supp 2d 303 (S.D.N.Y. 2011) and New York ex rel. Colucci v. Beth Israel Medical Ctr. (N.Y. State Sup. Ct. No. 112059/07)) and a federal qui tam action against Maimonides Medical Center (United States ex rel. Pervez v. Maimonides Medical Ctr., 2010 U.S. Dist. LEXIS 23472 (S.D.N.Y. March 9, 2010)) 

  • Representing health care providers in litigation and arbitration concerning managed care reimbursement including obtaining a favorable decision valued at $18 million for a health system in a dispute with one of the country’s largest health insurers following a one-week hearing before a panel of arbitrators, and, in a case of first impression in the New York State Appellate Division, Second Department, convincing the court to recognize a private right of action for health care providers under New York’s Prompt Payment Law (Maimonides Medical Ctr. v. First United American Life Ins. Co., 981 N.Y.S.2d 739 (2d Dep’t 2014)) 

  • Conducting internal investigations for health care providers and life science companies into allegations of fraud and abuse including fraudulent billing, violations of the Anti-Kickback Statute and Stark Law, and illegal off-label marketing 

  • Advising providers concerning voluntary self-disclosures and negotiating the resolution of self-disclosed matters 

  • Representing health care providers and government contractors in connection with government audits, including audits by the New York State Office of the Medicaid Inspector General and the Office of the New York State Comptroller 

  • Conducting due diligence and advising clients in connection with health care transactions focusing on fraud and abuse, health care regulatory compliance, and reimbursement issues

  • Advising health care providers, technology companies, and investors concerning issues related to electronic health records, e-prescribing, and telemedicine

Roger frequently writes and speaks on health care legal issues. He also maintains an active and varied pro bono practice. Among other pro bono matters, he has represented indigent criminal defendants, litigated commercial disputes, and assisted not-for-profit corporations with governance matters.