Hubbell co-authored the new book, Health Care Fraud and Collateral Consequences, 2d Edition (S.C. Bar 2011).
Recently, health care emerged as a contentious hot button issue culminating in the passage of the Patient Protection and Affordable Care Act (PPACA) of 2009. PPACA is built upon the foundation of HIPAA. HIPAA forever transformed the enforcement landscape. In addition to creating a specific health care fraud offense, it funded new prosecutor, auditor and agent positions to ferret out and prosecute health care offenders. U.S. Attorneys’ offices formed teams of experienced prosecutors and agents trained in health care fraud. These experienced teams began initiating parallel proceedings. It became the norm for defendants to be prosecuted on criminal charges, sued on the civil claims and later excluded from participating in government funded health care programs. In addition, sealed whistleblower lawsuits have become a cottage industry for many in the plaintiffs’ bar.
On the strength of a proven track record of collecting billions, Congress has provided more aggressive enforcement tools and increased funding for the HHS and the DOJ under the PPACA. The Act provides increased funding for prosecutor and investigator positions, creates powerful new investigative tools, lowers the bar for prosecutors and whistleblower plaintiffs, establishes new criminal offenses and increases the punishment for health care offenses. The Act also expands what many refer to as the private bounty hunter audit.
This publication discusses these new weapons of civil and criminal enforcement. It addresses multi-agency investigations, prosecutions and the often-devastating collateral consequences. It is designed to serve as a ready reference for private practitioners and health care providers who deal with the enforcement aspects of health care. Whether it is the big business of the large-scale provider such as a hospital or hospice or the day to-day operations of a small town pharmacy or medical practice, the submission of bills for payment to the Medicare/Medicaid Program or to insurance carriers has become a minefield for the unwary. Health care counsel must become familiar with civil and criminal enforcement and recognize the early warning signs of an investigation and the action that should be taken.
In 2010, Hubbell co-authored a magazine article, "Health Care Reform: Recent Developments in Fraud Enforcement," published by the South Carolina Bar in South Carolina Lawyer (Sept. 2010).
In 2008, Hubbell co-authored a book entitled Federal and State Securities Enforcement, published by the South Carolina Bar. The book was described by the South Carolina Bar as follows:
Securities enforcement received little attention in past decades. There were relatively few federal security fraud prosecutions in District Courts around the country other than the Eastern and Southern Districts of New York. There were even fewer on the state level. South Carolina was no exception. However, two events after the turn of the century rocked the world of securities enforcement. Corporate failures involving Enron, Qwest and WorldCom on the federal level spurred new legislation and a heightened enforcement of federal security laws. Closer to home, the failures of HomeGold Financial Inc. and the Thaxton Group within South Carolina transformed state securities enforcement. The response of our federal and state elected representatives has been swift and dramatic in an effort to “get tough on securities crimes.” Our elected representatives have provided unprecedented funding along with procedural and substantive tools to encourage criminal and civil securities enforcement.
This publication is designed to serve as a ready reference for private practitioners and prosecutors alike who deal with securities enforcement. Securities enforcement is no longer confined to Wall Street but has come crashing down now on Main Street as well.
In 2003, Hubbell co-authored a book entitled Computer and Intellectual Property Crimes, published by the South Carolina Bar. The book was described by the South Carolina Bar as follows:
This powerful new publication is in response to the explosive legislative changes which have taken place and the increased law enforcement effort in the form of aggressive government techniques such as wiretaps, search warrants and grand jury investigations. This practical, scholarly, and authoritative volume addresses multi-agency investigations, newly enacted statutes, and federal and state prosecutions.
Computer and Intellectual Property Crimes is designed to serve as a ready reference for private practitioners and prosecutors alike who deal with the criminal aspects of computer and intellectual property issues.
Authors Bart Daniel, Matt Hubbell and Miller Shealy expertly and comprehensively analyze a wide spectrum of issues which arise in the computer and intellectual property criminal arena. They also provide website listings ranging from the Department of Justice, Computer Crimes and Intellectual Property Section (CCIPS), to the South Carolina Computer Crime Center (which has been hailed by F.B.I Director Robert Mueller as a state-of-the-art model for other computer crime centers throughout the country). These sites contain helpful information, serve as starting points for research and referral, and include links to dozens of related sites touching virtually every aspect of computer and intellectual property law that a practitioner might find useful.
This one-of-a-kind authoritative and practical volume is a must for prosecutors, criminal defense attorneys, and intellectual property and litigation attorneys who deal with any aspect of computer or intellectual property litigation or criminal enforcement or defense.
He was also the subject of a magazine article in the Spring, 2003 edition of the Alumni News of The Citadel.