Matthew P. Massey, a healthcare/white collar attorney and former Assistant United States Attorney, was a featured legal speaker at the 2023 Annual Meeting of the Pain Society of the Carolinas (PSOC) on September 17, 2023, in Greenville, South Carolina. PSOC is a medical society that provides a forum for healthcare professionals with a medical interest and/or clinical practice in acute and chronic pain management. During his presentation, titled “Litigation Proofing Your Practice,” Matthew provided guidance to PSOC’s attendees on ways to protect themselves from criminal and civil liability given recent legal and regulatory updates. For example, he encouraged providers who prescribe controlled substances to seek a Practice Review Letter, also known as a Good Faith Letter, that sets forth an attorney’s opinion as to whether the provider’s prescription-writing practices comply with the DEA regulations and federal law. This is especially important because of the Supreme Court’s recent decision in Ruan v. United States, 142 S.Ct. 2370 (2022), in which the Court held that good faith can be a complete defense to criminal charges brought against physicians who have prescribed controlled substances. Matthew drew on his experience as trial attorney in one of the first post-Ruan cases, in which he and David McGee secured a complete acquittal for their physician client in a federal jury trial.
Matthew P. Massey regularly counsels physicians and healthcare professionals on regulatory, criminal, and civil matters. He is a member of the firm’s White Collar, Government Investigations, and Special Matters practice group.