Amy E. Fouts

She | Her | Hers

Partner

Atlanta
T +1.404.256.8434
F +1.404.459.5734

"[Amy] is very knowledgeable of all governmental regulations and requirements, and always provides accurate and timely responses to our requests."

— Chambers USA 2021

Overview

Amy Fouts focuses her practice on healthcare compliance and regulatory matters, primarily counseling public and private hospitals and healthcare systems, physician groups, hospice and home health agencies and individual practitioners. She assists healthcare providers with federal and state fraud and abuse issues, including government and commercial payor audits, government investigations and compliance program development and review.

Amy works extensively with clients on Medicare and Medicaid coverage, reimbursement and coding issues. She has significant experience with overpayment by Medicare, Medicaid and commercial payors and with related recoupment appeals. She routinely advises and defends clients under review by Medicare's Recovery Audit Contractors and the Medicaid Integrity Contractor Program.

Amy routinely counsels providers regarding privacy and data security, HIPAA compliance and breach response. She has published a number of articles relating to billing, reimbursement, fraud and abuse. She has also presented at several educational programs and professional conferences on these topics, as well as on how these relate to Medicare and Medicaid.

Amy is the team leader for the firm's Regulatory and Government Compliance practice.

Select Experience

  • Represents hospital systems and physician practices on day-to-day compliance concerns and questions.
  • Represents a variety of healthcare clients in the defense of civil False Claims Act actions and whistleblower lawsuits.
  • Represents hospitals and physicians in medical staff and board inquiries.
  • Successfully reduced a Medicare overpayment demand from $4.2 million to just over $8,000.
  • Conducted compliance and HIPAA training for a large physician practice with over 15 locations.
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Experience

  • Represents hospital systems and physician practices on day-to-day compliance concerns and questions.
  • Represents a variety of healthcare clients in the defense of civil False Claims Act actions and whistleblower lawsuits.
  • Represents hospitals and physicians in medical staff and board inquiries.
  • Successfully reduced a Medicare overpayment demand from $4.2 million to just over $8,000.
  • Conducted compliance and HIPAA training for a large physician practice with over 15 locations.

Recognitions and Memberships

Recognitions

  • Chambers USA: Healthcare in Georgia (2009, 2021 to 2022)
    • Band 4 (2021 to 2022)
  • The Legal 500 United States (2016, 2018)
    • Recommended in Media, Technology and Telecoms: Cyber Law (2016)
    • Recommended in Media, Technology and Telecoms: Data Protection and Privacy (2016)
    • Recommended in Industry Focus: Healthcare - Service Providers
  • The Best Lawyers in America® (2018 to Present)
    • Georgia: Health Care Law
  • Georgia Super Lawyers "Rising Star" (2009 to 2011)

Memberships

  • State Bar of Georgia, Health Law Section
    • Chair (2020)
    • Vice-Chair (2019)
    • Secretary (2018)
    • Executive Committee (2014 to 2017)
  • American Health Lawyers Association
  • Georgia Academy of Healthcare Attorneys
  • Health Care Compliance Association

Community

  • Georgia Hospital Association
  • Recovery Audit Contractor (RAC) Task Force Member

Emerging Issues

Prior Positions

  • McKenna Long & Aldridge LLP: Partner

Admissions

  • U.S. District Court, Middle District of Georgia
  • U.S. District Court, Northern District of Georgia
  • Georgia

Education

  • J.D., University of Georgia School of Law, 2001, cum laude
  • B.A., University of Georgia, 1997, magna cum laude

Blog

In The Blogs

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Health Law Update
Georgia 6-Week Abortion Law Is Void Ab Initio
By Claire M. Bass, Amy E. Fouts
November 18, 2022
On Nov. 15, the Superior Court of Fulton County issued an order finding that two sections of the Georgia LIFE Act (the Act) – Sections 4 and 11 – were void ab initio. Section 4 of the Act criminalized abortions after the detection of a...
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Health Law Update
Federal Judge Blocks Idaho from Enforcing Abortion Ban in Emergencies
By Claire M. Bass, Amy E. Fouts, Gregory A. Tanner
September 1, 2022
On Aug. 24, the United States District Court for the District of Idaho issued a preliminary injunction blocking the enforcement of Idaho’s new abortion law. The law was set to take effect on Aug. 25, 2022. As previously reported, the U.S...
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Health Law Update
DOJ Alleges Idaho Abortion Law Violates EMTALA
By Claire M. Bass, Amy E. Fouts, Gregory A. Tanner
August 4, 2022
On Aug. 2, the U.S. Department of Justice (DOJ) filed suit against the state of Idaho to block a state abortion law set to take effect on Aug. 25, claiming that it violates the federal Emergency Medical Treatment and Labor Act of 1986...
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Health Law Update
HHS, DOL and Treasury Say Limiting Birth Control Coverage Violates Federal Law
By Claire M. Bass, Amy E. Fouts
August 2, 2022
Authored by: Amy E. Fouts (Partner) and Claire M. Bass (Associate) On July 28, U.S. Department of Health and Human Services (HHS), alongside the Department of Labor (DOL) and the Department of Treasury, warned that limiting coverage of...
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Employment Law Spotlight
HHS Letter to Healthcare Providers About Emergency Medical Care
By Claire M. Bass, Amy E. Fouts
July 13, 2022
On Monday, July 11, 2022, the secretary of Health and Human Services (HHS) issued a letter to healthcare providers regarding the Emergency Medical Treatment and Active Labor Act (EMTALA), indicating that when a state law prohibits abortion...
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