Picture of Linda G. Rodrigue

Linda G. Rodrigue

Of Counsel

Linda Rodrigue is of counsel in the Baton Rouge office of Kean Miller. She has been practicing law since 1989 and joined the firm in March 1991. Linda is the senior attorney in the firm’s health law group. She represents physicians, physician groups, pharmaceutical manufacturers, continuing care retirement communities, physical therapists, rehabilitation agencies, physician assistants and other businesses that provide services to health care providers. Linda has experience in health care administrative, regulatory and litigation matters, including acting as lead counsel in defense of qui tam (whistleblower) cases; providing fraud and abuse advice; defense of Medicare and Medicaid audits; compliance advice, programs and investigations; HIPAA compliance; and Medicare and Medicaid exclusion and reinstatement. She represents health care providers before numerous licensing boards, as well as before credentialing agencies such as managed care organizations and hospitals. She has personally handled more than 150 cases for physicians in licensing board matters. Linda also provides Stark law and federal and state Anti-Kickback statute advice and recommendations. She also acts as special health law counsel to criminal defense attorneys in health care cases.

Linda deals regularly with the Louisiana Attorney General’s (AG) office; with legal counsel for the Louisiana Department of Health and Hospitals (DHH); and with the Louisiana State Board of Medical Examiners (LSBME).

Linda is listed in the 2008-2025 editions of The Best Lawyers in America in Health Care Law and in Louisiana Super Lawyers, 2010-2015.

Representative Experience
  • Lead attorney in the defense of federal False Claims Act cases, including whistleblower (qui tam) lawsuits alleging false claims under Medicare and Medicaid
  • Defense of RAC, ZPIC and other Medicare post-payment audits
  • Defense of physicians, optometrists, dentists, pharmacy providers, home health agencies, home and community based service providers, CMHC’s and mental health rehabilitation providers in Medicare and Medicaid post-payment recoupment matters
    • Successfully defended Medicare post-payment recoupment matter, resulting in reduction in recoupment from $650,000 demand to under $10,000 decision by administrative law judge after a full evidentiary hearing
    • Successfully defended Medicaid recoupment matter investigated by the Louisiana Attorney General's Office, resulting in a reduction in recoupment from $1,000,000  claimed to under $15,000 in settlement
  • Representation of physicians, social workers, licensed professional counselors, radiologic technologists, psychologists, pharmacists, and physician assistants in licensing board matters, both in and outside of Louisiana (for example: Linda has physician licensing board experience in Texas, Alabama and New York)
    • Extensive experience in representation of physicians in licensing board matters before the Louisiana State Board of Medical Examiners (handling more than 150 cases)
  • Representation of physicians in hospital privileges matters - including full evidentiary hearings
  • Representation of health care providers in transactional matters that involve compliance under the Stark law and the state and federal Anti-Kickback statutes
  • Representation of home and community based providers, nursing facilities, adult residential care providers, and ambulatory surgical centers in state licensing matters
  • Representation of continuing care retirement communities in litigation, regulatory, administrative and transactional matters
  • Representation of health care providers in developing regulatory compliance programs and providing compliance reviews and advice
  • Defense of cases under the Louisiana Medical Assistance Programs Integrity Law (MAPIL statute), the Louisiana False Claims Act
  • Lead health law relationship attorney with the Louisiana Department of Justice, Office of the Attorney General; the United States Attorney’s Office for the Middle District of Louisiana, Civil Division; and the Louisiana Department of Health and Hospitals
Education

Linda earned her B.G.S. from Louisiana State University in 1986. She earned her J.D., with highest honors, from Memphis State University, Cecil C. Humphrey School of Law, in 1989. After graduation from law school, Linda served as a law clerk to the Hon. Bailey Brown, United States Court of Appeals for the Sixth Circuit.

Admissions
  • Admitted, Tennessee, 1989 (inactive); Louisiana, 1991; United States Court of Appeal, Sixth Circuit, 1989; United States District Court for the Western District of Tennessee, 1990; United States Court of Appeals, Fifth Circuit, 1991; United States District Courts for the Eastern, Middle and Western Districts of Louisiana, 1991; United States Supreme Court, 2008
Articles, Publications and Presentations
  • Speaker, Kean Miller Health Law Seminar, "Important Recent Stark Law Developments," March 2, 2016
  • Presenter, “Regulatory Environment: Things That Can Go Wrong and How to Minimize the Risk (DHH Licensing and Complaint Surveys)”, 2014 HCLA/LALA Annual Conference to Adult Residential Care Provider Audience, November 2014
  • ONC Report on Surge in Use of Electronic Health Records (“EHR”), Louisiana Law Blog, August 2014
  • Speaker, LAMMICO Defense Counsel Seminar, Regulatory Matters, August 2014
  • Annual Speaker, Louisiana Hospital Association, Society of Hospital Attorneys, 2006-2013
  • Speaker, Kean Miller Health Law Seminar, “Have You Made Your HIPAA Changes for September 23?”, September 18, 2013
  • Speaker, Health Care Reform Briefing Series, Baton Rouge, Louisiana, June 24, August 26, and October 28, 2010
  • Speaker, International Municipal Lawyers Association (IMLA), New Orleans, Louisiana, October, 2010, on HIPAA
  • CMS Issues Proposed Rule on Disclosure Requirements for Certain In-Office Imaging Services, 2010
  • New Health Care Fraud Initiatives in Health Care Reform Legislation, Baton Rouge Business Report, 2010
  • Reporting and Disclosure Under Health Care Reform, Baton Rouge Business Report, 2010
  • Public Comments Regarding CMS Proposed Rule on Disclosure Requirements for Certain In-Office Imaging Services sent to Centers for Medicare and Medicaid Services, Department of Health and Human Services in 2010, on behalf of health care providers
  • Failure to Report and Return Identified Overpayments Can Be a False Claim, Louisiana Optometry Association Newsletter, 2010
  • Your Tax Dollars at Work: Understanding Federal Government Investigations of Medical Practices, Video Seminar, December, 2009
  • Professional Courtesy Exception Under Stark III: Significant Changes, 2008
  • Medicaid Recoupment Based on Lack of Medical Necessity Not Permitted If Based on Review of Billing Records Alone, 2007
  • Quality of Care: A Fraud and Abuse Issue?, 2006
  • Collateral Issues in Settling Medical Malpractice Cases and Fraud and Abuse in Quality of Care, National Business Institute Seminar, 2006
  • Collateral Issues Related to Pleading Guilty to Health Law Crimes, Louisiana Association of Criminal Defense Lawyers, New Orleans, 2006
  • National Patient Safety Act, 2005
  • Fraud and Abuse: Physicians Have Questions, LAMMICO newsletter, The Letter, July / August 2005
  • Panelist, Fraud and Abuse Teleconference, ABA Health Law Section, Young Lawyers Division, ABA Center for CLE, 2004
  • Faculty, LAMMICO Annual Defense Counsel Meeting, 2004
  • Third Party Reimbursement Issues, Baton Rouge, 2003
  • On The Healthcare Horizon: Legal Issues, Baton Rouge Business Report - What's New in Healthcare, 2003
  • Speaker, Louisiana Healthcare Financial Management Association, 2001 and 2002 Winter Conferences on "Compliance Issues"
  • HIPAA Privacy and Proposed Changes to the Rule, Physician CME Seminar, Baton Rouge, 2002
  • Panelist, Professional Negligence Teleconference, ABA Health Law Section, Young Lawyers Division, ABA Center for CLE, 2002
  • Legal Expert, LAMMICO Fraud and Abuse Seminars, Baton Rouge, Hammond, Lafayette, Alexandria, and Monroe, Louisiana
  • Physicians Opting-Out of Medicare, LAMMICO Newsletter, The Letter, 2001
  • Medicare/Medicaid Fraud and Abuse, Lake Charles (2001) and Baton Rouge (1999, 2000, 2001), covering Stark Law, Anti-Kickback Statute and Civil False Claims Act
  • Qui Tam Lawsuits, Baton Rouge, 2000
  • False Claims Act, Lorman Education Series, Baton Rouge, 2000
  • Nursing Law in Louisiana, NBI, Baton Rouge, 1991
Community Service (Past and Present)
  • Board of Directors, Capital Area CASA (Court Appointed Special Advocates)
  • Board of Directors, Treasurer, Vice President, Battered Women's Program
  • Volunteer, Friends for Life-Baton Rouge AIDS/HIV Task Force
  • Board of Directors, Vice President, Louisiana Lupus Foundation
  • Chair, Louisiana Legal Network
  • Member, YWCA, Connections Subgroup
  • Lawyers in the Classroom
  • Graduate, Greater Baton Rouge Chamber of Commerce Leadership Class of 2001
  • Hearing Committee Chair, Louisiana Attorney Disciplinary Board
  • Volunteer, pro bono legal services for Volunteer Health Corps
  • Guest Lecturer, Tulane Health Law and Regulation Program