Jonathan P. York

Jonathan regularly assesses, designs, consults on, and helps implement mandatory and voluntary compliance and integrity programs for healthcare, life sciences, and medtech organizations.  Jonathan also counsels clients on complex compliance questions related to the Anti-Kickback Statute and leads internal compliance investigations, government self-disclosures, and the negotiation and implementation of Corporate Integrity Agreements with the US Department of Health and Human Services, Office of Inspector General.

Jonathan helps guide his clients through all aspects of the government investigation and litigation process and calls on his experience to strategically advocate on behalf of clients to government counsel. He maintains an active litigation practice where he regularly drafts dispositive motions in FCA litigation.  Jonathan leverages his knowledge and experience with the FCA and regulatory expertise to regularly defend clients against FCA qui tam complaints in federal courts across the country. He also has experience defending individuals in federal criminal prosecutions arising from allegations of fraud and corruption.

As part of his pro bono practice, Jonathan counsels clients pursuing litigation in federal, state, and administrative courts. Jonathan has helped pro bono clients secure favorable outcomes in civil litigation, including a recent settlement with the United States on behalf of a father and son separated at the US/Mexico border through an action brought under the Federal Tort Claims Act (FTCA).

Prior to rejoining Morgan Lewis in 2020, Jonathan clerked on the US District Court for the Western District of Kentucky for Senior Judge Charles R. Simson III. In law school, Jonathan served as a law clerk for the University of Pennsylvania and University of Pennsylvania Health System Office of General Counsel where he focused on healthcare compliance matters. He was also a member of the senior editorial board for the Virginia Journal of Social Policy and the Law.

• Obtained federal and state government declination and voluntary dismissal of qui tam whistleblower complaint against national skilled nursing facility operator alleging nationwide regulatory compliance and quality of care issues
• Obtained federal government declination and complete dismissal of qui tam whistleblower complaint involving complex issues related to Good Manufacturing Practices for global life sciences manufacturer
• Served as defense counsel in declined FCA qui tam litigation against a pharmaceutical distributor in the US District Court for the Southern District of Ohio; secured voluntary dismissal of whistleblower qui tam complaint (United States ex rel. Young, Briggs, and Lawrence v. Golden State Medical Supply, Inc.)
• Represented national skilled therapy provider in FCA investigation related to contractual relationships with post-acute care operators and obtained federal government declination, followed by voluntary dismissal of qui tam complaint
• For a national provider of outpatient substance abuse treatment, obtained federal government declination and, following a motion to dismiss, a complete dismissal of the declined FCA qui tam complaint concerning urine drug screens and counselor eligibility issues
• Represented medical device company in FCA investigation complaint under the FCA and Anti-Kickback Statute; secured federal government declination and complete dismissal of qui tam whistleblower complaint
• Secured criminal and civil declination from federal government in FCA qui tam investigation of ophthalmology practice alleging co-management practice violations
• Conducts independent compliance program assessments for several healthcare, life sciences, and medtech organizations
• Advises several global medical device and pharmaceutical manufacturers with regard to various fraud and abuse compliance matters, including interactions with HCPs and HCOs
• Advises several post-acute care providers, skilled therapy providers, and hospice and home healthcare organizations on navigating federal and state government fraud and abuse and FCA investigations and enforcement actions in multiple jurisdictions
• Represented retired US Air Force Colonel in investigation and subsequent federal criminal prosecution, successfully obtained a substantially below-guidelines sentence and the first downward departure based on a defendant’s exceptional military service in the US Court of Appeals for the Fourth Circuit
• Represented father and son from Honduras in complaint brought under the FTCA against the United States seeking damages for negligence and intentional infliction of emotional distress; successfully secured favorable settlement (D.J.C.V. et al. v. United States of America, 1:20-cv-05747 (S.D.N.Y.))