Jordan Kearney

Jordan Kearney represents a wide range of hospital and health systems and other health care providers in litigation of novel and complex cases of first impression. Jordan is a problem-solver who is energized by thorny issues and can wade through sticky situations to reach resolution.

Jordan has extensive experience litigating and advising clients in connection with fraud and abuse matters. This includes litigating False Claims Act cases in federal courts throughout the country and California False Claims Act and Insurance Fraud Prevention Act suits in California Superior Courts. Jordan has defended a wide variety of health care providers – hospitals, hospices, counties, behavioral health providers, FQHCs, SNFs, remote monitoring companies, and others – facing a range of allegations, including overutilization, insufficient supervision, regulatory noncompliance, upcoding, kickbacks, and provision of worthless services. Her experience includes managing government investigations for FCA violations, formulating overall litigation strategy in FCA cases, and mediating FCA disputes.

Almost daily, Jordan advises on internal investigations involving compliance with the 60-Day Rule. Her regulatory background allows her to guide her clients to determine whether the rule is triggered and how to manage the process. Jordan founded the firm’s Medicare Audits and Appeals Practice Group and leads the defense of clients in connection with audits and ensuing appeals process, including Unified Program Integrity Contractors (UPIC), Targeted Probe and Educate (TPE), and Recovery Audit Contractor (RAC) audits.

Jordan has specific expertise and experience in representing California counties in defending their EMS networks from challenges to their exclusivity under the Emergency Medical Services Act, as well as assisting counties in complying with the intricacies of the Act to protect against subsequent attacks.

Raised by two behavioral health professionals, Jordan has a personal passion for behavioral health providers and the individuals they serve. She has extensive experience in this field, including managing payment disputes, advising on compliance and remediating noncompliance, and managing audits and inquiries by state agencies, federal DOJ, and patient advocacy organizations.

Representative Matters

• City of Oxnard v. Cnty. of Ventura, 71 Cal. App. 5th 1010, 1013, (2021), as modified on denial of reh’g (Dec. 14, 2021), review denied (Mar. 9, 2022). Successfully represented county in defeating effort by city to establish its own emergency ambulance service and leave the countywide system. Litigation involved important issues under the California Emergency Medical Services Act.
• Integra Med Analytics LLC v. Providence Health & Servs., 854 F. App’x 840, 841 (9th Cir. 2021). Successfully obtained dismissal of significant False Claims Act litigation for a large nonprofit hospital system. Court rejects novel theory that statistical analysis can be the principal basis for an FCA claim.