Asher D. Funk

• Advised health care providers, suppliers, private equity investors, and portfolio companies on the full range of regulatory considerations during transactions including evaluations of deal structure, conducting due diligence, drafting and negotiating purchase and ancillary agreements, and addressing post-closing matters.
• Implemented “Friendly PC” model structures and advised management services organizations and investors during their acquisition of physician practices across various specialties including orthopedics, primary care, oral surgery, and dentistry.
• Outside regulatory and compliance counsel for a national behavioral health care provider specializing in the treatment of substance use disorders and a leading provider of women’s postpartum health services.
• Represented providers during False Claims Act investigations and litigation throughout the United States. Obtained numerous declinations from the DOJ. Litigated non-intervened cases at the district and appellate court levels, securing dismissals with prejudice.
• Assisted hospitals, health systems, and therapy, home health, and hospice providers in reaching False Claims Act settlements involving allegations of Anti-Kickback Statute and Stark Law violations, medically unnecessary services, improper billing and coding, noncompliance with Medicare and Medicaid reimbursement criteria, and quality of care issues.
• Represented providers during voluntary overpayment refunds to Medicare and state Medicaid programs and self-disclosures to the HHS/OIG.
• Represented hospitals and health systems during state attorneys general investigations into alleged violations of state consumer protection and deceptive trade practice laws.

Asher Funk has comprehensive experience advising health care and life sciences companies and investors on transactional, strategic, enforcement, and regulatory compliance matters. He counsels private equity sponsors and their portfolio companies—as well as emerging, late-stage, and established providers and suppliers—on operations, mergers, acquisitions, dispositions, and joint ventures.

His knowledge spans the continuum of care, including hospitals and health systems, physician practices, skilled nursing and rehabilitation providers, home health and hospice, specialty pharmacies, durable medical equipment suppliers, digital health entities, contract research organizations, and behavioral health providers.

Asher routinely advises clients about the Stark Law, Anti-Kickback Statute, Civil Monetary Penalties Law, state material transaction laws, and issues related to the corporate practice of medicine, quality of care, medical necessity, billing, and reimbursement. He guides clients through self-disclosures to Medicare contractors, HHS/OIG, CMS, and the DOJ, negotiates corporate integrity agreements, and advises companies operating under integrity agreements.

He has significant expertise on matters involving the federal False Claims Act and analogous state laws—helping navigate investigations and enforcement actions, avoid DOJ intervention, and, when needed, reach settlements. Asher frequently leverages this background to resolve complex issues in health care transactions and to help investors vet acquisition targets and business models, particularly where regulatory scrutiny intersects with deal execution.

Bar Admissions

• Illinois
• District of Columbia

Education

• Northeastern University (J.D., 2007)
• University of Michigan (B.A., 2004)