Overview
Olivia Benjamin (King) is a health care lawyer with Foley & Lardner LLP and a member of the firm’s Health Care Practice Group, and a secondary member of the firm’s Government Enforcement, Defense and Investigations Practice Group.
Olivia counsels health care providers including health systems, hospitals, clinician practice groups, durable medical equipment companies, clinical laboratories, and telemedicine companies. Olivia’s work focuses on advising clients with health care regulatory and compliance matters, conducting internal investigations and defending health care clients with government investigations and enforcement actions, including actions arising out of the False Claims Act (FCA), Anti-Kickback Statute (AKS), and Stark Law. Olivia also assists health care institutions with responding to allegations of scientific and research misconduct. Olivia has recently been involved in matters involving alleged provider misuse of COVID-19 relief funds, including funds allocated via the Provider Relief Fund, and Health Resources and Services Administration (HRSA) fund for uninsured individuals.
Olivia is an editor of the firm’s Health Care Law Today blog, serves as the Boston liaison to the firm’s Racial Justice and Equity Pro Bono Practice Group, and is actively involved in the firm’s recruiting efforts.
Olivia was selected for the inaugural Mayo-Foley Health Law Fellowship, consisting of summer internships with the Mayo Clinic Legal Department in Rochester, Minnesota (2017) and Foley (2018). Prior to joining Foley, Olivia worked at the National Marrow Donor Program, Be the Match, in the payer policy and legislative relations departments.
Representative Matters
- Advised companies providing COVID-19 testing and vaccination services on fraud and abuse risks associated with billing of COVID-19 services, and provision of testing services via telehealth.
- Counseled healthcare providers on compliance with the terms and conditions of COVID-19 relief funds, including the Provider Relief Fund.
- Assisted health care providers with investigating and disclosing instances of noncompliance with the federal FCA, AKS, and Stark Law using the Department of Health and Human Services, Office of Inspector General and Centers for Medicare & Medicaid Services self-disclosure protocols.
- Advised research institutions and pharmaceutical companies on alleged scientific misconduct.
- Counseled clinical laboratory clients on regulatory and compliance issues, including provision of temporary COVID-19 testing services, and assisted client with responding to federal and state inquiries into potential noncompliance with clinical laboratory licensure and operational requirements.
- Advised durable medical equipment clients on licensure and operational requirements.
- Advised various telehealth companies on navigating federal and state changes in provider licensure and telehealth modalities during the COVID-19 public health emergency. The work allowed the companies to immediately take action and expand their platforms to provide services across multiple states.
Presentations
- “COVID-19 Provider Relief Funds and Waivers: How to Avoid Non-Compliance & What to Expect as Waivers Expire,” New England Alliance Winter Conference & Annual Meeting (January 12-14, 2022)
- “Fraud & Abuse: Recent Cases Settled,” Let’s Talk Compliance Master Class (January 19, 2022)
- “Fraud & Abuse: Recent Cases Settled,” Association of Corporate Counsel (February 2022)
Publications
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Co-author, "“Acute Hospital Care at Home”: Omnibus Bill Extends Flexibility Period to December 31, 2024," Health Care Law Today (January 4, 2023)
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Co-author, “COVID-10 At-Home Tests: Do CLIA Requirements Apply and what do Health Care Providers Need to Know?” Health Care Law Today (January 4, 2022)
- Co-author, “OIG’s Revised Self-Disclosure Protocol: Top Takeaways,” Health Care Law Today (November 8, 2021)
- Co-author, “United States,” The Healthcare Law Review (July 30, 2021)
- Co-author, “A Target on Telehealth: Government Action Against Telehealth Fraud in the Wake of COVID-19,” American Health Law Association (July 14, 2021)
- Co-author, “Supreme Court Declines to Resolve Circuit Split on FCA “Objective Falsity” Issue,” Health Care Law Today (February 23, 2021)
- Co-author, “Challenging Physician Judgment: Is Your Institution Exposed to False Claims Act Liability?,” Health Care Law Today (December 10, 2020)
- Co-author, “Protecting Your Institution from False Claims Act Allegations After Receipt of CARES Act Funding,” American Health Law Association (November 11, 2020)
- Co-author, “Provider Relief Fund: Protecting Your Institution from False Claims Act Allegations after Receipt of CARES Act Funding,” Coronavirus Resource Center: Back to Business (July 6, 2020)
- Co-author, “Trends in State COVID-19 Liability Waivers For Care Centers,” Law360 (June 16, 2020)
- Co-author, “COVID-19: CMS Issues FAQ Regarding Emergency Medical Treatment and Labor Act,” Coronavirus Resource Center: Back to Business (May 7, 2020)
- Co-author, “COVID-19: FDA Issues Guidance for Ventilator and Respirator Manufacturers,” Coronavirus Resource Center: Back to Business (March 26, 2020)
- Co-author, “Behavioral Health & Substance Abuse Services: Massachusetts Proposal Reflects Focus on Expanding Access and Coverage,” Health Care Law Today (January 22, 2020)
- Co-author, “State and Federal Administrative Agencies Regulating Health Care Providers and Payors,” Massachusetts Health & Hospital Law Manual (2020)
- Co-author, “Emergency Medical Treatment and Labor Act,” Massachusetts Health & Hospital Law Manual (2020)
- Co-author, “Scientific Misconduct,” Clinical Research and Compliance Manual (2020)
- Co-author, “Massachusetts Governor Proposes Facility Fee Ban,” Health Care Law Today (December 12, 2019)
- Co-author, “Promoting Interoperability: Changes to the CMS EHR Incentive Program,” Digital Health Legal (August 2018)
Speaking Engagements
- New England Alliance
Education
- Boston University School of Public Health (M.P.H., 2020)
- Boston University School of Law (J.D., cum laude, 2019)
- Concentration in Health Law with Honors
- Paul J. Liacos Distinguished Scholar
- Dean’s Award for Health Law
- University of Michigan (B.A., 2015)
- Distinction in Political Science
- University Honors
- James B. Angell Scholar
Community Involvement
- Tomorrow's Women Today – Member
- Boston Health Care for the Homeless Program – Emerging Leaders Board Member
- American Health Lawyers Association – Early Career Professionals Council Member
Admissions
- Massachusetts