I recently co-authored an article for the Federal Bar Association’s Qui Tam Section examining the use of data in False Claims Act (FCA) cases and other litigation, with a particular focus on these cases within the healthcare industry.
Continue Reading Use of Data in False Claims Act Cases and Other LitigationThe California Insurance Frauds Prevention Act: Recent Developments Regarding California’s Powerful Commercial Health Insurance Fraud Statute
We have previously discussed the California Insurance Frauds Prevention Act (IFPA)–a state antifraud statute that, while modeled on the False Claims Act (FCA), is unique in targeting fraud in the commercial health insurance space.
Continue Reading The California Insurance Frauds Prevention Act: Recent Developments Regarding California’s Powerful Commercial Health Insurance Fraud StatuteRecent 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 PrescriptionsCausation 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 ForwardWatch 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 WebinarCOVID-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 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 Split