Join us for the 10th Annual Nashville Healthcare Fraud Conference, hosted by Bass, Berry & Sims and the Tennessee Hospital Association. This highly anticipated, complimentary virtual program will take place during the mornings of December 12 and 13 and is approved for 9.5 hours of CLE credit, including ethics.
Continue Reading Register Now: 10th Annual Nashville Healthcare Fraud Conference | December 12-13We recently authored an article for The Federal Lawyer exploring the causation standard under the Anti-Kickback Statute (AKS) and the increasing difference between the circuit courts’ interpretation of this standard. “At its core, the question is whether evidence of kickbacks sullies the entirety of the claims related to that transgressor, or whether the government must demonstrate more,” we explained.
Continue Reading Growing Divide for Causation Standard Under the Anti-Kickback StatuteI recently authored an article published as part of Law360’s Expert Analysis series in which I provided insight on a federal court’s recent and significant decision holding that the qui tam provisions of the False Claims Act (FCA) violate the Appointments Clause of the U.S. Constitution.
Continue Reading Impact of New False Claims Act <em>Qui Tam</em> RulingI provided insight for a Bloomberg Law article on the False Claims Act allegations brought against Lyft in a worker classification suit. A recent Nevada lawsuit claims Lyft misclassified drivers as independent contractors and defrauded the government.
Continue Reading False Claims Act Application in Nevada Worker Classification Fight Against LyftCourts have addressed multiple False Claims Act (FCA) issues in the third quarter of this year. Below is a summary of top cases involving the constitutionality of the FCA’s qui tam provisions, the FCA’s scienter requirement, the public disclosure bar, and proof required under the FCA’s anti-retaliation provision.
Continue Reading False Claims Act Decisions to Know from Q3 2024We contributed to the Fraud and Abuse Chapter of the Health Law Handbook, 2024-2025 Edition. In the portion of our content, titled “Healthcare Fraud and Abuse Update,” we outlined regulatory developments, key court decisions and noteworthy settlements related to the Anti-Kickback Statute and Stark Law.
Continue Reading Fraud and Abuse Chapter of Health Law Handbook, 2024-2025 EditionThe third quarter of this year brought numerous high-dollar False Claims Act (FCA) settlements involving a variety of industries and alleged conduct.
Continue Reading False Claims Act Settlements to Know from Q3 2024In recent months, False Claims Act (FCA) defendants have increasingly sought to challenge the constitutionality of the statute’s qui tam provisions.
Continue Reading Novel Ruling Raises Questions About Timing of Constitutional Challenges to the FCA’s <em>Qui Tam</em> ProvisionsOn August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that the defendants knowingly failed to meet cybersecurity requirements in connection with certain Department of Defense (DoD) contracts in violation of the False Claims Act.
Continue Reading United States Files First Complaint Under the Civil Cyber-Fraud InitiativeIn case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and issues around judgments and awards.
Continue Reading False Claims Act Decisions to Know from Q2 2024