Matthew, a partner with the firm, represents health centers facing a variety of adverse administrative decisions and legal actions. Matthew defends clients in all phases of administrative review and judicial review, from the lowest level up to the Supreme Court, and also represents clients in affirmative litigation against states and other entities.
Matthew has successfully represented health center clients facing a variety of False Claims Act allegations and responding to civil investigative demands and federal subpoenas. He has worked with clients to address adverse administrative actions including denial of deeming applications, denial of Federal Tort Claims Act (FTCA) coverage, disallowances, as well as subpoenas, audits, and internal investigations.
Leveraging his litigation background, Matthew conducts internal investigations on behalf of health centers and other clients. His investigations help clients evaluate the risk of litigation, understand the potential consequences to liability, and take defensive measures to reduce the likelihood of litigation.
- Represented a group of Public Health Service employees in a Supreme Court case which reversed a Circuit Court authority establishing absolute immunity for PHS employees (and by analogy health center employees who are deemed to be PHS employees)
- Represented a health center and removed a state malpractice action to federal court on their behalf, and also resisted the federal government’s effort to remand the case back to state court
- Represent health centers facing government enforcement actions such as False Claims Act investigations, audits, allegations of fraud, and disallowances
Based on his extensive knowledge of health center litigation, Matthew speaks often to groups across the country on Federal Tort Claims Act coverage, Medicare and Medicaid reimbursement issues, and internal investigations. Matthew’s real-life experience with the wide variety of litigation faced by health centers allows him to identify the warning signs of potential litigation and other adverse actions.
Before joining the firm, Matthew served for four years as a judge advocate in the U.S. Navy Judge Advocate General’s (JAG) Corps where he served as lead counsel representing service-members facing charges of, among other things, fraud, homicide, espionage, and embezzlement.
Regardless of whether his clients are facing a False Claims Act investigation, subpoena, complaint, audit, or internal investigation, Matthew offers clients broad experience in litigating on behalf of health centers and developing effective legal strategies to protect his clients.
Bar/Court Admissions
- District of Columbia
- New York
- U.S. Supreme Court
- U.S. Court of Appeals 1st Circuit
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 9th Circuit
- U.S. Court of Appeals Federal Circuit
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the Armed Forces
- U.S. District Court for the District of Columbia
- New York State Court of Appeals
- District of Columbia Court of Appeals
Classes/Seminars Taught:
- An In-Depth Look at Federal Tort Claims Act Coverage for Health Centers, FTLF Training with Martin Bree and Molly Evans, November 10-11, 2015
- Community Board Training Team Principles: Case Studies on What Went Wrong and Health Center Rules to Live by, New Jersey Primary Care Association Governance Training, October 29, 2015
- An In-Depth Look at Federal Tort Claims Act Coverage for Health Centers, FTLF Training with Martin Bree and Molly Evans, February 24-25, 2014
- Rolling the Dice: Are You Gambling with Your Health Center’s FTCA Coverage?, National Association of Community Health Centers, Community Health Institute session with Martin Bree, August 27, 2013
- Internal Corporate Investigations in an Age of Enhanced Accountability, National Association of Community Health Centers, Financial Operations Management / Information Technology Conference, November 12, 2012
- Health Centers Before the Courts: Survey of Current Medicaid Litigation, NACHC Webinar with Ted Waters, October 24, 2012
- Everything Medicaid in the States, National Association of Community Health Centers, Policy and Issues Forum, March 24, 2012
- Challenging Government Audits, National Association of Community Health Centers, Webinar, August 2010
Published Works:
- Matthew S. Freedus, Defining an Effective Change in Scope Process, National Association of Community Health Centers, Issue Brief, January 2012.
- Matthew S. Freedus (Co-Author), Emerging Issues in the FQHC Prospective Payment System, National Association of Community Health Centers, State Policy Report, September 2011.
- Matthew S. Freedus (Co-Author), Conviction by Special Courts-Martial: A Felony Conviction?, 15 Fed. Sent. Rep. 220 (UC Press, 2003).
- Matthew S. Freedus, Comment, A Cause of Action for Damages Under the State Constitution: Brown v. State of New York, 60 Alb. L. Rev. 1915 (1997).
Past Employment:
- U.S. Navy, Judge Advocate (1998 – 2001)
