Charles Bailey is a partner of the firm. He has significant experience in complex civil and bankruptcy
litigation including commercial litigation, maritime and admiralty law, and health care law and regulation.
His practice also focuses on Medicare and Medicaid fraud and abuse analysis, failure to deliver quality care,
medical negligence, and False Claims Act litigation.
Complex Civil and Bankruptcy Litigation
Mr. Bailey has represented a number of corporations in both affirmative and defensive cases involving
issues of lost profits, trade secrets, and State and Federal unfair competition.
Mr. Bailey also has litigated a number of bankruptcy actions. These include defending creditors in third party
adversary actions brought by the bankruptcy trustee or other creditors to collect alleged preferential transfers.
Admiralty and Maritime
Mr. Bailey also has significant maritime experience. In addition to experience in vessel arrests and maritime
attachments, Mr. Bailey has served as lead counsel in a number of actions brought against shipowners in personal
injury and commercial matters.
Health Care Law and Regulation
Mr. Bailey also has significant experience with the requirements for nursing home quality of care implemented
by Congress in the Omnibus Budget Reconciliation Act of 1987 ("OBRA 87"). In 1995, Mr. Bailey received a certificate
of training in Long Term Care Enforcement Regulation & Survey Protocol Training from the Health Standards and Quality
Bureau of the Health Care Financing Administration. In 1996 and 1997, Mr. Bailey served as an instructor in the
"Legal Aspects of Surveying" at the Health Care Financing Administration's Long Term Care Enforcement Regulation &
Survey Protocol Training program for state and federal surveyors.
Mr. Bailey litigated a number of cases focusing on the nursing home quality of care requirements. He served as
lead attorney in cases terminating nursing homes for violating the survey protocols implemented by OBRA 87. He also
worked with the United States Department of Justice in a series of cases seeking to have the Federal courts strike
down the Medicare program's quality of care regulations. Mr. Bailey's published opinions include Albert Einstein
Med. Ctr. v. Sullivan, 830 F. Supp. 846 (E.D. Pa. 1992), aff'd, 6 F.3d 775 (3rd Cir. 1993) (Medicare); French
Hospital Med. Ctr. v. Sullivan, 841 F. Supp. 1468 (N.D. Cal. 1996), aff'd, French Hospital Med. Ctr. v.
Shalala, 89 F.3d 1411 (9th Cir. 1996) (Medicare); Faith D. Bellamy Moore v. William Perry, et al.,
945 F. Supp. 868 (D. Md. 1996) (Title VII), and Sherman v. Federal Emergency Management Agency, 932 F. Supp.
119 (D. Md. 1996) (Coverage under the Federal Crime Insurance Program).
Medicare and Medicaid Fraud and Abuse Analysis
Before joining the firm, Mr. Bailey served as Special Assistant United States Attorney in the Civil Division of the
United States Attorney's Office for the District of Maryland. From 1990 to 1997, Mr. Bailey was a member of the Office
of the General Counsel to the Health Care Financing Administration ("HCFA"), United States Department of Health and
Human Services, where he represented the Medicare and Medicaid programs. While serving with the Department of Health
and Human Services, Mr. Bailey was recognized with a Director's Citation for outstanding performance.
Mr. Bailey is recognized as a national expert in the nursing home quality of care regulations and has been
interviewed by Time Magazine, NBC News, The New York Times, and the Congressional Budget Office. He also provides
clients with advice and assistance in placing aged parents in quality nursing homes.
False Claims Act ("Qui Tam") Litigation
Mr. Bailey's practice concentrations also include federal administrative and regulatory law, including fraud against
federal programs. He served as counsel to a whistle blower in a recent False Claims Act case against a major ambulance
company. While at HCFA, he served as a lead litigation counsel on a number of False Claims Act and other Medicare fraud
cases. He also served as lead counsel on a number of challenges to various Medicare payment and jurisdictional rules. In
these cases, he appeared before numerous Federal district and appellate courts including the United States District
Courts for the District of Maryland, the District of Columbia, the Eastern District of Pennsylvania, and the Northern
and Central Districts of California. He has also litigated actions before the United States Courts of Appeals for the
Third, Ninth, and District of Columbia Circuits.
Education
Vanderbilt University School of Law (J.D., 1990); Wheaton College (B.A. History, 1987).
Bar Admissions
Mr. Bailey is a member of the bar of the state of Maryland, the United States Courts of Appeal for the District of
Columbia, Fourth and Ninth Circuits and the United States District Court for the District of Maryland.
Professional Memberships
Mr. Bailey is a member of the Board of Governors, Federal Bar Association, District of Maryland Chapter, 1999- ;
American Bar Association, Maryland State Bar Association (Section on Litigation; United States District Court Liaison
Committee); Christian Legal Society.
