Rachel V. Rose
Top rated Health Care attorney in Houston, Texas
Practice Areas:
Health care,
Technology transactions,
Government contracts,
Securities & corporate finance,
Internet,
Social security
Education Qualification:
Stetson University College of Law
Practice Areas:
Health care,
Technology transactions,
Government contracts,
Securities & corporate finance,
Internet,
Social security
PO Box 22718Houston, Texas, 77227
First Admitted: 2010, Texas
Professional Webpage: https://www.rvrose.com/attorney-information.html
Bar / Professional Activity:
- Executive Board Member, Federal Bar Association's Qui Tam Section.
- Admitted - United States Court of Appeals for the District of Columbia
- Admitted - Fifth Circuit Court of Appeals
- Director - Foundation of the Federal Bar Association
- Federal Bar Association National Board Member.
- United States District Court for the District of Columbia
- United States District Court for the District of Colorado
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- Supreme Court of the United States
- Texas
- Member - Federal Bar Association's Government Relations Committee The number of people on the Committee is 22 out of an organization of over 18,000 members
- Immediate Past Chair and Current Member of the FBA's Government Relations Committee
Verdicts / Settlements (Case Results):
- Pacific and Kalleeny LLC v. Precision Pharmacy Management, LLC, et al., Case No. 2018-41155 (151st District Court (2018)). This matter was referred to me by a law school classmate in another state. I represented one of the defendants, filed a motion to dismiss, and the plaintiff ended up non-suiting the case. , 2018
Videos:
- On April 24, 2023, Chief Justice John Roberts gave notice to Congress and the Executive Branch that select amendments to the Federal Rules of Evidence were adopted and become effective on December 1, 2023. Among the changes are FRE 106 and FRE 702, which governs expert testimony. This two-hour course, which is co-presented by an attorney and a neurosurgeon, addresses legal considerations, including procedural and evidentiary issues for expert witnesses, as well as anatomy, positioning, and common neurosurgical procedures., Mini Med School for Lawyers: What Attorneys and Experts Need to Know, Legal, Compliance, Medical, Healthcare, 2023
- Catherine Short converses with Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C. and Don Barbo, Managing Director with VMG Health, on the topic of “New Stark Law and AKS Final Rules -Valuation Considerations.” On January 19, 2021, a new era was ushered in as the CMS Stark Law Final Rule and the HHS-OIG Anti-Kickback Statute Final Rule became effective. The impetus behind the new Final Rules is value-based care and care coordination. In light of the advent of Value-Based Arrangements, which include Value-Based Enterprises, as well as the continuing importance of fair-market value and commercial reasonableness, we will focus on these aspects of the respective Final Rules, which must be read in conjunction with each other., New Stark Law and AKS Final Rules -Valuation Considerations, Healthcare, Finance, And M&A., 2021
- What is Cybersecurity with Rachel V. Rose, JD, MBA, Healthcare And Other Industries That Deal With Cybersecurity, 2016
Representative Clients:
- United States ex rel. Lawler v. Comprehensive Health Servs., Inc. et al., Case No. 20-cv-698 (E.D.N.Y.) - I was fortunate to represent the whistleblower, Dr. Lawler, who brought the first False Claims Act case which settled under the U.S. Department of Justice - Civil Cyber Fraud Initiative, which was announced in October 2021. https://www.justice.gov/opa/pr/medical-services-contractor-pays-930000-settle-false-claims-act-allegations-relating-medical, 2022
- United States ex rel. Lee v. Tarrant County Hospital District, case no. 4:19-CV-00412-P (N.D. Tex.). False Claims Act case which resulted in a $3.3 million recovery to my client, Ms. Lee. I initially filed in May 2018 in the Western District of Texas and was transferred to the Northern District of Texas by the Government. I am listed as lead counsel on the docket. The case was declined by the government, primarily due to the hurdles posed by COVID-19, and Ms. Lee's litigation team moved forward. We settled the case for $3.3 million. Here is the DOJ Press release. https://www.justice.gov/usao-ndtx/pr/hospital-pay-more-3-million-settle-whistleblower-suit , 2021
- United States ex rel. Jennings v. Flower Mound Hospital Partners, LLC, et al., Civil Action No. 3-19-CV-02676-B (N.D. Tex.). False Claims Act case, which was filed in November 2019. The U.S. Department of Justice intervened and the case settled for $18.2 million in two years, which is extraordinary for False Claims Act cases. As my primary practice area is healthcare, I am able to apply my knowledge to False Claims Act cases. In this case, "the settlement resolves allegations that Flower Mound Hospital violated the Stark Law and the Anti-Kickback Statute when it repurchased shares from physician-owners aged 63 or older and then resold those shares to younger physicians. The United States alleges that Flower Mound Hospital impermissibly took into account the volume or value of certain physicians’ referrals when it (1) selected the physicians to whom the shares would be resold and (2) determined the number of shares each physician would receive." https://www.justice.gov/opa/pr/flower-mound-hospital-pay-182-million-settle-federal-and-state-false-claims-act-allegations , 2021
Transactions:
- Houston Bar Association's Veterans Legal Clinics - Participant at different times at locations ranging from the VA Hospital in Houston to Tomball.
Special Licenses / Certifications:
- Harvard Law School Certification in Negotiation and Leadership (May 2022)
Pro bono / Community Service:
- Houston Bar Association's Veterans Legal Clinics - Participant at different times at locations ranging from the VA Hospital in Houston to Tomball.
Honors:
- https://www.americanbarfoundation.org/abf-fellows/, Fellow, American Bar Association, 2023
- Peer selected as one of the top healthcare lawyers in Houston by Houstonia Magazine in 2017, Top Healthcare Lawyers, Houstonia Magazine, 2017
- The Willam F. Blews Pro Bono Service Award
- National Scribes Award
- Houstonia Magazine's Top Lawyers Healthcare Law - 2018, 2019
- In 2019, 2020, 2021, 2022 and 2023, I was selected to be included in this elite group. Information about the selection process is located on the National Trial Lawyers website, Top 100 Trial Lawyers, National Trial Lawyers Association
- Criteria is based on a number of factors, which is available on the National Trial Lawyers website. I have been selected in 2017, 2018, 2019, 2020, 2021, 2022, and 2023., Top 25 Women Trial Lawyers, National Trial Lawyers Association
- Selected into a group, which constitutes less than 3% of Federal Bar Association Members, Fellow, Federal Bar Association, 2016
Educational Background:
- Masters of Business Administration - Vanderbilt University Owen Graduate School of Management
- Harvard Law School Executive Education Certification, Program on Negotiation & Leadership
- The Pennsylvania State University, Bachelor of Arts in History
White Papers:
- This follow-up article builds on a previous article that I wrote on bias for The Federal Lawyer. In this article, my co-author, Mark Kleiman, and I explore the critical role that men play in changing culture and the three groups of men, which may be helpful in forming responses and interactions. , The Critical Role That Men Play in Thwarting Bias and Hostility Towards Women., Legal, Compliance, 2022
- The article begins with bias being explained. The remainder of this article is devoted to specific examples and how bias impacts women and minorities both in the courtroom and in the legal profession, regardless of the person’s role – lawyer, judge, juror, party, or staff. An excerpt appear below: As set forth in Black’s Law Dictionary and adopted by several courts, “bias” is defined as “[i] inclination; bent; prepossession: a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction.”[i] According to psychologists, bias is a fundamental human trait occurring below the level of consciousness, which stems from our need to process information quickly and classify individuals.[ii]Subsequently, our brains take the information and categorize it into schemas – general classifications with a concept of what is common to all members of a class. , The Subtle and Not So Subtle Impact of Bias on Women and Minorities., Legal Profession As A Whole. All Industries., 2021
- The article focused on a Third Circuit opinion, which addressed the Government Knowledge Doctrine., The False Claims Act's Landscape and the Significance of the Third Circuit's Dismissal of United States ex rel. Anthony Spay v. CVS Caremark Corp., et al., Healthcare, Government, 2018
Scholarly Lectures / Writings:
- A discussion of the status of the government’s recent Civil Cyber-Fraud Initiative and cybersecurity efforts, as well as its impact on health care providers vis-à-vis the safekeeping of electronic information including PHI., Co-Presenter, Emerging Trends in IT and the False Claims Act, Dallas Bar Association, Legal, Compliance, Healthcare, IT, 2023
- An integrative presentation addressing multiple facets of board governance from the evolving cybersecurity requirements and case law. , Co-Presenter, Board Governance and Cybersecurity in the Loper Bright Era of False Claims Act and Dodd Frank Whistleblowers, Dallas Bar Association, Healthcare, 2024
- As the Honorable John M. from Dallas stated, "very timely topics and informative.", Co-presenter, Ethical and Legal Issues Facing Healthcare During COVID-19 including Cloud, Cyber, AI, and Blockchain, Dallas Bar Association, Legal, Healthcare, Finance, Etc. All Because Of The Broad Application Of Cybersecurity., 2021
- The presentation centered around the application of NIST to a variety of industries, as well as risk mitigation in relation to technical, administrative and physical safeguards. , Presenter, The Various Facets of Cybersecurity., The University of Houston Law Center, Healthcare, Securities, Government Contracts, 2016
- This presentation focused on recent settlements, 21st Century Cures Act items, and emerging cybersecurity concerns in the COVID-era. https://1sthcc.com/hipaa-hot-topics/, Speaker, HIPAA Hot Topics, 1st Healthcare Compliance, Healthcare, Finance, 2020
- The ethical principles that guide clinicians in their relationships with patients continue to guide them when they assume the mantle of medical expert witness, but with a nonclinical twist. Physicians in the role of medical expert witness must consider a number of ethical appeals to reach an ethically justifiable course of action. These appeals can be divided into the following broad categories: (1) consequences for the parties concerned; (2) established legal, ethical, and professional standards; (3) respect for the rights of all parties; (4) professional virtues; and (5) fiduciary duties and special professional obligations, such as beneficence and nonmaleficence [3]., Co-Author, Ethical Challenges for Medical Experts, AMA - Journal of Ethics, Healthcare, Law, 2016
Other Outstanding Achievements:
- I was recognized as 1st Healthcare Compliance’s 2019 and 2022 Presenter of the Year, which was based upon the number of attendees and the feedback received by 1st HCC.
- Peer selected as one of the top healthcare lawyers in Houston by Houstonia Magazine in 2018 for the second consecutive year., 2018
- In December 2019, I was recognized by HAHIMA as an honorary member for my contributions to the organization., 2019
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