On July 10, the Department of Justice (DOJ) announced a nearly $410 million settlement with Rite Aid Corporation to resolve allegations that Rite Aid and its affiliates ignored red flags and knowingly dispensed unlawful controlled substances in violation of the False Claims Act (FCA) and Controlled Substances Act (CSA). Continue Reading Rite Aid and OptumRx Settlements Highlight Enforcement Focus on Pharmacy Corresponding Responsibility for Dispensing Controlled Substances
Recent DOJ Indictment Involving Done Global Telehealth Prescriptions
I was quoted in a Law360 Healthcare Authority article examining the recent indictment against two executives of Done Global Inc. accused of defrauding government programs by improperly providing Adderall via telehealth visits. Continue Reading Recent DOJ Indictment Involving Done Global Telehealth Prescriptions
Causation Split: First Circuit Pauses Teva Appeal; Regeneron Appeal Going Forward
False Claims Act (FCA) practitioners have been closely watching cases in which courts address the causation requirement in FCA actions based on Anti-Kickback Statute (AKS) violations. Continue Reading Causation Split: First Circuit Pauses Teva Appeal; Regeneron Appeal Going Forward
Watch Now | Legal Rx: How to Navigate Controlled Substances Enforcement & Diversion Webinar
In a recent webinar, we discussed the recent increase in government enforcement against healthcare providers under the Controlled Substances Act (CSA) that has occurred over the past year.Continue Reading Watch Now | Legal Rx: How to Navigate Controlled Substances Enforcement & Diversion Webinar
COVID-19 Relief Enforcement Actions Highlight Ongoing Risk
The Department of Justice (DOJ) continues to demonstrate its sustained interest in COVID-19 relief fraud as an enforcement priority and we can expect to see persistent enforcement in this area. Continue Reading COVID-19 Relief Enforcement Actions Highlight Ongoing Risk
Drug Diversion within Long-Term Care Industry
In a recent McKnight’s Long-Term Care News article, we discussed heighted scrutiny within the long-term care industry related to drug diversion and compliance with the Controlled Substances Act (CSA). Healthcare organizations, and not just diverting employees, are more often being held accountable for diversion of controlled substances.Continue Reading Drug Diversion within Long-Term Care Industry
False Claims Act Case Unsealed Against Cerebral, Showing Continued Scrutiny of Telehealth Prescriptions
A qui tam False Claims Act (FCA) complaint was recently unsealed against Cerebral, a telehealth startup that provides virtual mental-health therapy, in the U.S. District Court for the Northern District of Iowa. Continue Reading False Claims Act Case Unsealed Against Cerebral, Showing Continued Scrutiny of Telehealth Prescriptions
Controlled Substances Act and False Claims Act Collide
The United States recently intervened in a False Claims Act lawsuit accusing Rite Aid of defrauding federal healthcare programs by seeking reimbursement for opioids the pharmacy allegedly dispensed in violation of the Controlled Substances Act. Continue Reading Controlled Substances Act and False Claims Act Collide
Government Scrutiny of COVID-19 Relief Funds
We authored an article published in the June 2023 issue of the American Bar Association’s (ABA) Health Lawyer addressing government scrutiny of COVID-19 relief funds. Continue Reading Government Scrutiny of COVID-19 Relief Funds
Supreme Court Upholds Broad Government Authority to Dismiss Qui Tam False Claims Act Lawsuits
On June 16, the U.S. Supreme Court issued its opinion in U.S. ex rel. Polansky v. Executive Health Resources, a closely watched case about the government’s power to dismiss a False Claims Act (FCA) qui tam lawsuit over a relator’s objection.Continue Reading Supreme Court Upholds Broad Government Authority to Dismiss Qui Tam False Claims Act Lawsuits