Suzannah Wilson Overholt

Suzannah uses her years of experience in the private, public and non-profit sectors to assist clients from a variety of industries. As co-chair of the firm’s Health Care Practice Group and a member of the Labor & Employment Practice Group, Suzannah is committed to identifying the best approach to help clients meet their legal needs in the most effective and efficient manner.

Suzannah’s career path is as varied as her practice. After becoming an accomplished trial attorney in the private sector, Suzannah joined the government setting, where she designed and implemented a plan for local government reform, litigated employment discrimination and constitutional claims, negotiated labor contracts, and advised city and county departments on policies and procedures. She then applied her substantive knowledge and analytical skills to the nonprofit health care arena as Chief Operating Officer and General Counsel of one of the largest health care providers in Indiana, serving more than 50,000 patients. In this role Suzannah led a merger and ensured compliance with all regulatory requirements, drafted policies, negotiated contracts with outside entities, and provided legal advice on personnel, regulatory, and corporate issues. Throughout her career, Suzannah has defended both public and private entities against a variety of claims in state and federal court.

At SmithAmundsen, Suzannah draws on her experience to advise clients from a variety of industries in licensing and regulatory matters, commercial and corporate transactions, contract negotiations, nonprofit corporate governance, personnel matters and zoning matters related to health care facilities. She assists clients with issues related to the federal fraud and abuse statutes, namely the False Claims Act (FCA), anti-kickback statute (AKS) and Stark law.  Suzannah also represents clients in litigation related to all of these areas.

When she isn’t in the office you can find Suzannah spending time with her family, exercising or cooking.

• Selected to The Best Lawyers in America^© in Litigation - Health Care: 2022

• Vice Chair: Indiana Election Commission
• Member: American Health Lawyers Association
• Co-Chair: Princeton University Alumni Schools Committee, Indiana Region

• Successfully prepared documentation and legal arguments on behalf of a client in response to a Medicaid draft audit finding, reducing the State’s demand for repayment from approximately 1.25 million to zero dollars.
• Represented a client during a HHS Office of Civil Rights (OCR) investigation into various alleged HIPAA violations that expanded into other complex issues requiring diplomacy, legal analysis, and development of new policies to achieve resolution. OCR concluded the complaint investigation in favor of the client.
• Defended a client against an ADA claim alleging a refusal to accommodate the needs of a patient. After presenting arguments and evidence on behalf of the client, the complaint was resolved in favor of the client.
• Obtained dismissal of False Claims Act complaint against client by successfully arguing that the relator plaintiff failed to plead fraudulent conduct with sufficient particularity.
• As COO and general counsel of a non-profit women’s health care provider, negotiated and led merger with provider in a neighboring state. Oversaw licensing of new facilities as well as ongoing compliance obligations of existing facilities.
• Led reaccreditation efforts, resulting in reaccreditation with a national health care organization.
• As Indianapolis Works Transition Director for the City of Indianapolis, led consolidation of governmental services. Designed and implemented plan for local government reform, including merger of police department and law enforcement division of sheriff’s department, as well as consolidation of township fire departments into city fire department. Negotiated framework of the consolidation with local and state elected officials.
• Successfully defended police department against claim for injunction regarding fourth amendment search and seizure case in federal district court and on appeal to seventh circuit.
• Prevailed in numerous employment discrimination and constitutional actions in state and federal court on behalf of state and local government.
• Defended skilled nursing facility (SNF) against a False Claims Act (FCA) complaint brought by the Indiana Medicaid Fraud Control Unit (MFCU) and successfully negotiated a resolution of that matter. The MFCU initially sought fines and penalties in excess of $1M and the matter was resolved for less than $100k.
• Assisted clients in the health care industry in evaluating and revamping their contracts to ensure compliance with the Anti-Kickback Statute (AKS) and Stark Law by bringing the contracts within appropriate safe harbors created by the regulations. Advised clients regarding the requirements and potential exposure under FCA, AKS and Stark, and evaluated the clients’ past practices in light of the federal reporting requirements to determine whether any self-disclosure requirements were triggered.
• Evaluated clients’ billing practices to determine compliance with the AKS and Stark and whether any self-disclosure requirements were triggered.
• Reviewed and drafted numerous contracts on behalf of health care providers to ensure AKS and/or Stark safe harbor requirements were satisfied.
• Successfully represented client to obtain zoning approval for new health care facility.
• Successfully represented non-profit health care provider before City Council and Board of Zoning Appeals to obtain rezoning and special exception allowing client to establish residential treatment facility for recovery from addictions and then defeated remonstrators’ petition for judicial review seeking to overturn BZA decision.

Contributing Author, SmithAmundsen's Labor & Employment Law Update, a labor and employment advisory blog.

Contributing Author, Illinois Chamber of Commerce's Chamber Dispatch, an HR advisory blog.