Rachel L. McMillen Grier

Background & Education

Rachel Grier joined Berg & Androphy in 2004 as a clerk. She became an associate at the firm in 2007 and a partner in 2015. She has worked primarily on qui tam cases and other civil litigation, as well as white collar criminal defense. She is currently working on several qui tam suits, many still under seal, involving healthcare subjects such as off-label marketing, kickbacks, marketing the spread, and best price violations, pending in jurisdictions across the United States. Rachel assists Joel Androphy in organizing, researching, and drafting updates to his treatises, White Collar Crime. She is the Update Editor for Mr. Androphy’s treatise, Federal False Claims Act and Qui Tam Litigation.

Before attending law school, Rachel worked as a research assistant at M.D. Anderson Cancer Center for five years. During that time, she developed a quantitative real-time PCR genetic testing assay for studying transgenic mice and human genes of interest. Rachel’s other projects included completing various research projects, including working with samples obtained from patients with Alopecia Areata and Cutaneous T-Cell Lymphoma, assisting in the development of cDNA microarrays and used various hybridization kits, assisting in writing manuscripts and grant proposals. While a student at University of the South, Rachel worked on a research project on modelling the anisotropic electrical properties of frog skeletal muscle with Professors Frank Hart and Nancy Berner.

Representative Matters

  • With Joel Androphy and Sarah Frazier, won a settlement with Frazier Masonry Corporation of Camarillo, California and other entities and individuals, who agreed to pay nearly $1.9 million to settle civil allegations that they conspired to defraud the United States in connection with military construction projects at Camp Lejeune in North Carolina and Camp Pendleton in California.
  • With Joel Androphy and Sarah Frazier, won a settlement with Children’s Physician Services of South Texas, Driscoll Genetic Services, Center for Genetic Services, and Radiology Associates, who agreed to pay $2.3 million to settle civil allegations that they engaged in false or fraudulent conduct by double-billing the Texas Medicaid program, TRICARE, and the Federal Employee Health Benefit Program for the professional reading and interpretation of genetic ultrasounds.
  • With Joel Androphy and Sarah Frazier, won a settlement with Baylor University Medical Center, Baylor Health Care System, and HealthTexas Provider Network (collectively Baylor) in a qui tam action in the United States District Court. Baylor agreed to settle civil charges that they engaged in false or fraudulent conduct by improperly billing federal healthcare programs for robotic stereotactic treatment delivery without corroboration of direct physician supervision and overbilling for services associated with stereotactic procedures without the necessary documentation in the medical record or as duplicative claims for services already performed and paid in conjunction with other services. The settlement netted the clients and government approximately $880,000.

Education

  • J.D., South Texas College of Law, 2005, cum laude
    • Assistant Editor, Law Review
  • B.S., Biology, University of the South, 1998
    • Tennessee Academy of Science Best Presentation Award in Physics (Spring 1998)
    • Order of Gownsmen

Publications

  • Federal Criminal White Collar Appellate Update, The Appellate Advocate, State Bar of Texas Appellate Section Update.
  • Joel M. Androphy, Rachel Grier and Nisha Ghosh, Georgia Taxpayer Protection False Claims Act (Aug. 29, 2012), www.hg.org.
  • Joel M. Androphy, Rachel Grier and Nisha Ghosh, Indiana False Claims and Whistleblower Protection Act (Aug. 29, 2012), www.hg.org.
  • Joel M. Androphy, Rachel Grier and Nisha Ghosh, Illinois Whistleblower Reward and Protection Act (Aug. 10, 2012), www.hg.org.
  • Joel M. Androphy, Rachel Grier and Nisha Ghosh, Colorado Medical Assistance Act (Jul. 20, 2012), www.hg.org.
  • Joel M. Androphy, Rachel Grier and Nisha Ghosh, Connecticut False Claims Act (Jul. 20, 2012), www.hg.org.
  • Joel M. Androphy, Rachel Grier and Nisha Ghosh, Delaware False Claims and Reporting Act (Jul. 20, 2012), www.hg.org.
  • Joel M. Androphy, Rachel Grier and Nisha Ghosh, Georgia False Medicaid Claims Act (Jul. 20, 2012), www.hg.org.
  • Joel M. Androphy, Rachel Grier and Nisha Ghosh, Hawaii False Claims Act for False Claims to the State (Jul. 20, 2012), www.hg.org.
  • Joel M. Androphy and Rachel L. Grier, Defense Contractor Fraud (Jan. 3, 2012), www.hg.org.
  • Joel M. Androphy and Rachel L. Grier, Prevailing Wage Laws and the False Claims Act (Jan. 3, 2012), www.hg.org.
  • Joel M. Androphy and Rachel L. Grier, New York City False Claims Act (Dec.8, 2011), www.hg.org.
  • Joel Androphy, Sarah Frazier and Rachel Grier, Gathering Evidence in Qui Tam Actions, ALM: Medical Malpractice Law and Strategy (Apr. 2012), www.hg.org (Dec. 8, 2011), CafePharma.com (Nov. 18, 2011).
  • Joel M. Androphy and Rachel L. Grier, California False Claims Act (Sept. 22, 2011), www.hg.org.
  • Joel M. Androphy and Rachel L. Grier, Florida False Claims Act (Sept. 22, 2011), www.hg.org.
  • Rachel L. Grier, Sarah M. Frazier and Joel M. Androphy, False Claims Act Damages in Antikickback and Self-Referral Cases, American Bar, Health Law Section, esource, Vol. 7, No. 10 (June 2011).
  • Joel M. Androphy and Rachel Grier, Survey of Penalties and Damages in False Claims Act Cases (June 8, 2011), www.hg.org.
  • Joel M. Androphy and Rachel Grier, Survey of Damages in False Claims Act Retaliation Cases (June 8, 2011), www.hg.org.
  • Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier, False Claims Act Penalties (June 2, 2011), www.hg.org.
  • Joel M. Androphy, Rachel L. Grier, Sarah M. Frazier and Kathryn E. Nelson, False Claims Act Damages (May 25, 2011), www.hg.org.
  • Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier, Best Value and the False Claims Act (Oct. 19, 2010), www.hg.org.
  • Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier, Fraudulent Medical Billing and the False Claims Act (Oct. 19, 2010), www.hg.org.
  • Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier, Pharmaceutical Best Price Obligations and the False Claims Act (Oct. 19, 2010), www.hg.org.
  • Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier, Government Procurement Fraud and the False Claims Act (Oct. 18, 2010), www.hg.org.
  • Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier, Defective Medical Devices and the False Claims Act (Oct. 18, 2010), www.hg.org.
  • Hart, Davila-Moriel, Berner, McMillen, Using dielectric spectroscopy to detect thermal hysteresis in frog muscle, J Non-Crystalline Solids, 2005 Sept: 351(2929).
  • McMillen, Duvic, Alopecia areata occurring in sisters after administration of rifampicin, J Am Acad Derm, 2001 Jan; 44(1).
  • Hart, Berner, McMillen, Modelling the anisotropic electrical properties of skeletal muscle, Phys Med Biol, 1999 Feb; 44(2).

Presentations and Seminars

  • Panel Member, “Financial Penalty and Exposure Analysis,” ABA-MDMA Medical Device and Legal Professionals: A Collaborative Exchange, December 12, 2014.
  • Speaker (Webinar), “Prosecuting and Defending Qui Tam Cases Under the False Claims Act: What It Takes to be Successful,” sponsored by the Law Journal Press.

Associations and Honors

  • Member, Houston Bar Association
  • Member, American Bar Association (Litigation and Healthcare Sections)
    • Vice-Chair, Publications Committee, Healthcare Section

Admissions

  • Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, District of Colorado