Attorney Rachel L. Mcmillen Grier

 
Rachel Grier

Rachel Grier

Associate

3704 Travis
Houston, Texas 77002-9550

Phone: (713) 529-5622
Fax: (713) 529-3785
rgrier@bafirm.com


 

Practice Areas:
Qui Tam Litigation
Civil Litigation
White Collar Defense

Admissions:
State Bar of Texas
Southern District of Texas
U.S. District Court, District of Colorado

Current position:
Associate

Rachel joined Berg & Androphy in 2004 as a clerk. She became an associate at the firm in 2007. 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 and 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.

‘05

 

JD South Texas College of Law
Cum Laude
Law Review
, Assistant Editor

‘98

 

BS, Biology University of the South
Tennessee Academy of Science Best Presentation Award in Physics (Spring 1988)
Order of Gownsmen

Her experience includes:

  • 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.

Publications:

  • Federal Criminal White Collar Appellate Update, The Appellate Advocate, State Bar of Texas Appellate Section Update
  • Hart, Berner, McMillen, Modelling the anisotropic electrical properties of skeletal muscle, Phys Med Biol, 1999 Feb; 44(2).
  • McMillen, Duvic, Alopecia areata occurring in sisters after administration of rifampicin, J Am Acad Derm, 2001 Jan; 44(1).
  • Hart, Davila-Moriel, Berner, McMillen, Using dielectric spectroscopy to detect thermal hysteresis in frog muscle, J Non-Crystalline Solids, 2005 Sept: 351(2929).

Articles:

"Georgia Taxpayer Protection False Claims Act," www.hg.org, August 29, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh

"Indiana False Claims and Whistleblower Protection Act," www.hg.org, August 29, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh

"Illinois Whistleblower Reward and Protection Act," www.hg.org, August 10, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh

"Colorado Medical Assistance Act," www.hg.org, July 20, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh

"Connecticut False Claims Act," www.hg.org, July 20, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh

"Delaware False Claims and Reporting Act," www.hg.org, July 20, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh

"Georgia False Medicaid Claims Act," www.hg.org, July 20, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh

"Hawaii False Claims Act for False Claims to the State," www.hg.org, July 20, 2012
By Joel M. Androphy, Rachel Grier and Nisha Ghosh

"Defense Contractor Fraud," www.hg.org, January 3, 2012
By Joel M. Androphy and Rachel L. Grier

"Prevailing Wage Laws and the False Claims Act," www.hg.org, January 3, 2012
By Joel M. Androphy and Rachel L. Grier

"New York City False Claims Act," www.hg.org, December 8, 2011
By Joel M. Androphy and Rachel L. Grier

"Gathering Evidence in Qui Tam Actions"
By Joel Androphy, Ashley Gargour, Sarah Frazier and Rachel Grier
ALM: Medical Malpractice Law and Strategy, April 2012
www.hg.org, December 8, 2011
CafePharma.com, November 18, 2011

"California False Claims Act," www.hg.org, September 22, 2011
By Joel M. Androphy and Rachel L. Grier

"Florida False Claims Act," www.hg.org, September 22, 2011
By Joel M. Androphy and Rachel L. Grier

"False Claims Act Damages in Antikickback and Self-Referral Cases"
American Bar, Health Law Section, esource, Vol. 7, No. 10, June 2011
By Rachel L. Grier, Sarah M. Frazier and Joel M. Androphy

"Survey of Penalties and Damages in False Claims Act Cases," www.hg.org, June 8, 2011
By Joel M. Androphy, Ashley Gargour and Rachel Grier

"Survey of Damages in False Claims Act Retaliation Cases," www.hg.org, June 8, 2011
By Joel M. Androphy, Ashley Gargour and Rachel Grier

"False Claims Act Penalties," www.hg.org, June 2, 2011
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier

"False Claims Act Damages," www.hg.org, May 25, 2011
By Joel M. Androphy, Rachel L. Grier, Sarah M. Frazier and Kathryn E. Nelson

"Best Value and the False Claims Act," www.hg.org, October 19, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier

"Fraudulent Medical Billing and the False Claims Act," www.hg.org, October 19, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier

"Pharmaceutical Best Price Obligations and the False Claims Act," www.hg.org, October 19, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier

"Government Procurement Fraud and the False Claims Act," www.hg.org, October 18, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier

"Defective Medical Devices and the False Claims Act," www.hg.org, October 18, 2010
By Joel M. Androphy, Rachel L. Grier and Sarah M. Frazier

Continuing Legal Education Presentations:
Prosecuting and Defending Qui Tam Cases Under the False Claims Act: What It Takes to be Successful,” sponsored by the Law Journal Press

Professional Affiliations:
Member, Houston Bar Association
Member, American Bar Association (Litigation and Healthcare Sections)