Matthew S. Freedus, a Partner with the firm, represents health centers facing a variety of adverse administrative decisions and legal actions. Mr. Freedus 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.

Mr. Freedus 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, Mr. Freedus 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.

Based on his extensive knowledge of health center litigation, Mr. Freedus speaks often to groups across the country on FTCA coverage, Medicare and Medicaid reimbursement issues, and internal investigations. Mr. Freedus’ 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, Mr. Freedus 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, Mr. Freedus offers clients broad experience in litigating on behalf of health centers and developing effective legal strategies to protect his clients.

Representative Matters

  • 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.

Published Works

  • Defining an Effective Change in Scope Process, National Association of Community Health Centers, Issue Brief (January 2012)
  • Emerging Issues in the FQHC Prospective Payment System, National Association of Community Health Centers, State Policy Report (September 2011)
  • Conviction by Special Courts-Martial: A Felony Conviction?, 15 Fed. Sent. Rep. 220, UC Press (2003)
  • A Cause of Action for Damages Under the State Constitution: Brown v. State of New York, 60 Alb. L. Rev. 1915 (1997)

Classes/Seminars Taught

  • Matthew Freedus, Co-Presenter, Whistleblowers and Relators: How to Avoid, Manage, and Respond to Allegations of Fraud, National Grants Management Association (NGMA) Virtual Grants Training & Summit (May 2020)
  • Matthew Freedus, Co-Presenter, False Claims Act Primer for Federal Grantees, National Grants Management Association (NGMA) Annual Conference (April 2018)
  • Matthew Freedus, Martin Bree, & Molly Evans, An In-Depth Look at Federal Tort Claims Act Coverage for Health Centers, Feldesman Leifer LLP (November 2015)
  • Matthew Freedus, 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 2015)
  • Matthew Freedus, Martin Bree, & Molly Evans, An In-Depth Look at Federal Tort Claims Act Coverage for Health Centers, Feldesman Leifer LLP (February 2014)
  • Matthew Freedus & Martin Bree, Rolling the Dice: Are You Gambling with Your Health Center’s FTCA Coverage?, Community Health Institute, National Association of Community Health Centers, (August 2013)
  • Matthew Freedus, Internal Corporate Investigations in an Age of Enhanced Accountability, Financial, Operations Management / Information Technology Conference, National Association of Community Health Centers (November 2012)
  • Matthew Freedus & Edward Waters, Health Centers Before the Courts: Survey of Current Medicaid Litigation, Webinar, National Association of Community Health Centers (October 2012)
  • Matthew Freedus, Everything Medicaid in the States, Policy and Issues Forum, National Association of Community Health Centers (March 2012)
  • Matthew Freedus, Challenging Government Audits, Webinar, National Association of Community Health Centers (August 2010)

Previous Experience

  • U.S. Navy, Judge Advocate (1998-2001)
Matthew S. Freedus, Partner

Education

  • J.D., Albany Law School Union University, cum laude (1997)
  • B.A., Washington University, cum laude (1993)

Law Journals

  • Member, Albany Law Review

Bar/Court Admissions

  • District of Columbia
  • New York
  • Supreme Court of the United States
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Armed Forces
  • New York State Court of Appeals
  • U.S. District Court for the District of Columbia

Professional Memberships / Affiliations

  • American Health Law Association, Member
  • DC Bar, Member