Jon Rue is a savvy advocate for healthcare providers. Over the course of his 35+ year career, Jon has handled a wide range of litigation, primarily arising out of healthcare regulation. He brings a confident, comprehensive approach to every case, ensuring that his clients are in the best possible position for a successful resolution.
Focused on healthcare regulatory litigation, Jon spends most of his time representing hospitals and other healthcare providers in proceedings in state and federal court, before regulatory agencies, and in arbitration and mediation. These matters include Medicare, Medicaid, and managed care payment disputes (including appeals of audit determinations), certificate of need litigation (including rule challenge proceedings), and other healthcare-related commercial disputes. Jon has also represented hospitals in a variety of regulatory matters, including Medicare and Medicaid decertification actions and EMTALA matters, and he is frequently called on for regulatory compliance advice.
Jon is fiercely committed to representing his clients’ rights and interests, and to keeping them informed throughout the litigation process. His deep knowledge of the healthcare landscape, coupled with his advocacy skills, allows Jon to provide comprehensive, highly effective representation for any regulatory issue his clients might face.
Served as lead counsel for hospital system in Provider Reimbursement Review Board appeal seeking substantial additional Medicare reimbursement for allowable Medicare bad debt.
Served as lead counsel for hospital system in Provider Reimbursement Review Board appeal seeking substantial additional Medicare reimbursement for allowable Medicare Disproportionate Share of Hospital payments.
Represented Hospital in litigation challenging the Florida Agency for Healthcare Administration's published Medicaid outpatient payment rate.
Served as lead counsel for Hospital in appeal of Zone Program Integrity Contractor audit and overpayment determination.
Served as lead counsel for Hospital in connection with State Court litigation, American Arbitration Association Arbitration, mediation of Hospital/physician dispute, and sale of joint venture entity.
Served as lead counsel for health system in connection with American Arbitration Association arbitration dispute with managed care payor alleging wrongful denials of payment for home health services.
Served as lead counsel in American Arbitration Association arbitration dispute with Medicare Advantage managed care payor challenging reduced payment associated with Medicare sequestration reduction.
Served as lead counsel in representation of not-for-profit hospital system in challenge to Georgia Department of Community Health's assessment of hospital provider tax.
Served as lead counsel in representation of hospital seeking Georgia CON approval for multi-specialty ambulatory surgery center and cancer center offering radiation therapy services.
Obtained Certificate of Need for bone marrow transplant program over objection of existing provider. Proved the need for new program and substantial change of circumstances from previous application.
Participated in 67-hospital coalition challenging a reduction in hospital payments by the Medicaid Program. After state agency denied standing, successfully appealed to the First District Court of Appeal, which remanded the case for adjudication.
Successfully opposed Certificate of Need for hospital-based hospice program due to substantial adverse impact on existing provider of hospice services.
Defended approval of Certificate of Need for new nursing home.
Represented hospital system in response to EMTALA complaint and investigation. Representation included submission of acceptable Plan of Correction of cited deficiencies and response to CMS termination action and potential OIG action.
Speaker, Federal Healthcare Regulations (including the False Claims Act, the Anti-Kickback Statute, and the Emergency Medical Treatment and Active Labor Act) and Ethical Considerations at the Fundamentals of Health Care Law seminar co-sponsored by the Health Law Section, State Bar of Georgia, and the Georgia Academy of Healthcare Attorneys (March 2018 and February 2019)
Speaker, Compliance Hot Topics at the Association of International Certified Professional Accountants' Heath Care Industry Conference (November 2018)
Co-Author, "A Brief Overview of the Medicaid Program," Health Care Compliance Professional's Manual, Report No. 56 (March 2018)
Speaker, Using Mediation and Arbitration in Health Care Cases at the 24th Annual ADR Institute and 2017 Neutrals' Conference, co-sponsored by Georgia Office of Dispute Resolution and Dispute Resolution Section, State Bar of Georgia (December 2017)
Speaker, Federal Health Care Regulations, including the False Claims Act, the Anti-Kickback Statute, and the Emergency Medical Treatment and Active Labor Act, Fundamentals of Health Care Law seminar sponsored by the Health Law Section of the State Bar of Georgia. (2009, 2011, 2013, 2014, 2017)
Speaker, Sales Tax Update, Georgia Alliance of Community Hospitals Annual Meeting (October 2008)
Author, "Medicare and Medicaid Reimbursement for Hospital Services," Georgia Hospital Law Manual, eds. Bergeson, Fleming, Shackelford (2005)
Author, "State Health Care Reform and Its Impact on the Subacute Care Industry," Handbook of Subacute Health Care, ed. Griffin (1995)
Co-Author, "Survival and Success Strategies for Rural Hospitals," Health Law Handbook (1993)
Author, Comment, 69 Kentucky Law Journal 436 (1980-1981)