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 RiskThe Tale of an AKS Self-Disclosure
Last week, the Department of Justice (DOJ) announced a $12 million settlement with spinal device manufacturer, Innovasis Inc. (Innovasis) and senior executives Brent Felix and Garth Felix related to allegations that they violated the False Claims Act (FCA) by paying kickbacks to surgeons to induce their use of its spinal devices.
Continue Reading The Tale of an AKS Self-DisclosureFCA Statute of Limitations Triggered by Notice to DOJ Only, Court Rules
In a recent order denying dismissal in United States v. NH Learning Solutions Corp. (NHLS), the U.S. District Court for the Eastern District of Michigan weighed in on a False Claims Act (FCA) issue that has divided courts, ruling that the FCA’s three-year statute of limitations prong does not begin to run until a Department of Justice (DOJ) official is notified of the material facts.
Continue Reading FCA Statute of Limitations Triggered by Notice to DOJ Only, Court RulesSettlement Roundup: Heart-Valve Replacements, Federal Research Grants, and Clinical Laboratory Marketing
The Department of Justice (DOJ) recently announced settlements involving alleged noncompliance with Medicare billing requirements for heart-valve replacement surgeries, false statements in federal funding research grants, and physician kickback schemes for clinical laboratories. The settlements show DOJ’s continued scrutiny in these areas.
Continue Reading Settlement Roundup: Heart-Valve Replacements, Federal Research Grants, and Clinical Laboratory MarketingSeventh Circuit Upholds FCA Judgment Against Constitutional Challenge, Avoids Causation Circuit Split
On May 2, the U.S. Court of Appeals for the Seventh Circuit affirmed a False Claims Act (FCA) trial verdict in part, holding that the judgment was not constitutionally excessive under the Eighth Amendment.
Continue Reading Seventh Circuit Upholds FCA Judgment Against Constitutional Challenge, Avoids Causation Circuit SplitFalse 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 2024The United States Intervenes in its First False Claims Act Cybersecurity Case
The United States notified the U.S. District Court for the Northern District of Georgia that it plans to intervene in a False Claims Act case filed against Georgia Tech Research Corporation (Georgia Tech) by its Associate Director of Cybersecurity and former Principal Information Security Engineer (the relators).
Continue Reading The United States Intervenes in its First False Claims Act Cybersecurity CaseRegister Now | Healthcare Fraud & Abuse Annual Review Webinar Replay
Bass, Berry & Sims released its 12th Annual Healthcare Fraud & Abuse Review on February 26, 2024. As a companion to the Review, we hosted a complimentary webinar which provided an overview and discussion of key focus areas covered in the Review. We are pleased to offer an encore presentation of this webinar on April 25, 2024.
Continue Reading Register Now | Healthcare Fraud & Abuse Annual Review Webinar ReplayRegister Now | HHS-OIG Year in Review Webinar Replay
In 2023, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) offered the industry new and updated guidance tools and a late flurry of advisory opinions. Join us for a webinar in which we will provide a high-level overview of 2023’s most significant and helpful guidance documents.
Continue Reading Register Now | HHS-OIG Year in Review Webinar ReplaySecond Circuit Clarifies Anti-Kickback Statute’s Scienter Requirement
On March 12, the U.S. Court of Appeals for the Second Circuit issued an important decision that sheds light on the test for determining scienter under the federal Anti-Kickback Statute (AKS).
Continue Reading Second Circuit Clarifies Anti-Kickback Statute’s Scienter Requirement