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
Pharmaceuticals
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
False Claims Act Settlements to Know from Q1 2024
Despite the recent downward trend in DOJ healthcare industry settlements, the first quarter of 2024 saw many noteworthy False Claims Act (FCA) and civil healthcare fraud settlements related to alleged kickbacks, medically unnecessary services and equipment, pharmaceutical issues and Controlled Substances Act violations.Continue Reading False Claims Act Settlements to Know from Q1 2024
Download Now – 12th Annual Healthcare Fraud & Abuse Review
Bass, Berry & Sims is pleased to announce the release of the 12th annual Healthcare Fraud & Abuse Review examining important healthcare fraud developments in 2023. Continue Reading Download Now – 12th Annual Healthcare Fraud & Abuse Review
Download Now – 11th Annual Healthcare Fraud & Abuse Review
Bass, Berry & Sims is pleased to announce the release of the 11th annual Healthcare Fraud & Abuse Review examining important healthcare fraud developments in 2022. Continue Reading Download Now – 11th Annual Healthcare Fraud & Abuse Review
Register Now | 8th Annual Nashville Healthcare Fraud Conference
Please join us for the 8th Annual Nashville Healthcare Fraud Conference hosted by Bass, Berry & Sims and the Tennessee Hospital Association. Eligible for more than seven hours of CLE credit (including ethics), this complimentary program will take place on December 8th in Nashville (full day). The conference will be broadcast virtually the mornings of December 15th and 16th.
Continue Reading Register Now | 8th Annual Nashville Healthcare Fraud Conference
Second Circuit Agrees that the Anti-Kickback Statute Does Not Contain a “Corruption” Element
On July 25, the U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York (SDNY) decision granting summary judgment in favor of the Department of Health Human Services (HHS) in Pfizer’s landmark challenge against the Office of Inspector General’s (OIG) interpretation of the federal Anti-Kickback Statute (AKS).
Continue Reading Second Circuit Agrees that the Anti-Kickback Statute Does Not Contain a “Corruption” Element
Court Decision Upholding OIG’s Rejection of Pharmaceutical Company’s Drug Co-Pay Assistance Program
I commented on the recent ruling by the Second Circuit Court of Appeals, which upheld the district court’s rejection of Pfizer’s argument that liability under the Anti-Kickback Statute requires an element of “corrupt” intent.
Continue Reading Court Decision Upholding OIG’s Rejection of Pharmaceutical Company’s Drug Co-Pay Assistance Program
Download Now – 10th Annual Healthcare Fraud & Abuse Review
Bass, Berry & Sims is pleased to announce the release of the 10th annual Healthcare Fraud & Abuse Review examining important healthcare fraud developments in 2021. Compiled by the firm’s Healthcare Fraud & Abuse Task Force, the Review provides a comprehensive analysis of enforcement developments affecting the healthcare industry, significant court decisions involving the False Claims Act, and an overview of settlements involving fraud and abuse issues.
Continue Reading Download Now – 10th Annual Healthcare Fraud & Abuse Review
FCA Lawsuit Against Walgreens Dismissed Because Government Fails to Plead Materiality
On December 2, the U.S. District Court for the Western District of Virginia granted a motion to dismiss a False Claims Act (FCA) lawsuit brought by the United States and the Commonwealth of Virginia, which alleged that a Walgreens clinical pharmacy manager falsified hepatitis C drug prior authorization submissions to Virginia Medicaid. See United States v. Walgreen Co., 2021 WL 5760307 (W.D. Va. Dec. 3, 2021).
Continue Reading FCA Lawsuit Against Walgreens Dismissed Because Government Fails to Plead Materiality