Anti-Kickback Statute

False Claims Act Case Unsealed Against Cerebral, Showing Continued Scrutiny of Telehealth PrescriptionsDistrict Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain DividedFalse Claims Act Settlements to Know from Q2 2023

Business & Industry Focus

Controlled Substances Act and False Claims Act CollideIncreased False Claims Act Exposure for Private Equity Firms Investing in HealthcarePPP Enforcement Actions Gather Steam

C.C. Ill.

Recent Developments in FCA Pleading Standards – Part One

C.C.Cal.

Government Survives Dismissal of Remaining FCA Claims in Managed Care CaseDismissal of Medicare Advantage FCA Suit Marks Significant Defeat for GovernmentSecond DOJ Complaint: Knowledge of Invalid Codes Requires Follow-Through to Avoid Liability

Causation

False Claims Act Case Unsealed Against Cerebral, Showing Continued Scrutiny of Telehealth PrescriptionsDistrict Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain DividedSixth Circuit Reins In Anti-Kickback Statute

Civil Investigative Demands

Register Now | How to Respond to a Civil Investigative Demand WebinarFalse Claims Act Fundamentals: How to Respond to a Civil Investigative DemandAn Ounce of Prevention: Effective Corporate Policies for Dealing with Government Investigations and Inquires

Civil Monetary Penalties

DOJ Releases Annual Civil Fraud Recovery Statistics and ResultsDOJ Releases 2022 FCA Civil Monetary Penalties Inflation AdjustmentEleventh Circuit Becomes First Appeals Court to Hold that Excessive Fines Clause Applies in Declined FCA Cases

Clinical Laboratories

False Claims Act Settlements to Know from Q1 2022

Complaints

Third Time is Not the Charm – Supreme Court Denies Cert. on Rule 9(b) Split AgainEighth Circuit Affirms Dismissal of Kickback CaseGovernment Files Amended FCA Complaint Against Private Equity Firm and its Portfolio Company

Compliance

Second Circuit Rejects Insufficient Service-of-Process Argument, Adopts Relator-Friendly RuleRecent FCA Settlements in Government Contracts CasesDownload Now – 11th Annual Healthcare Fraud & Abuse Review

COVID-19

Government Scrutiny of COVID-19 Relief FundsPPP Enforcement Actions Gather Steam[Virtual Event] 8th Annual Compliance & Government Investigations Seminar

Cybersecurity

Cyber Incident Reporting May Be “Material” for Federal ContractorsExpect More Cyber-Enforcement under the False Claims ActExpanded Focus on Cybersecurity Activities by DOJ with Civil Cyber-Fraud Initiative

Damages

Ninth Circuit Limits Damages in Government Procurement CaseD.C. Circuit Holds that False Claims Act Damages Must Be Reduced Dollar-for-Dollar by Other Defendants’ SettlementsFalse Claims Act Fundamentals: Damages

Discovery

False Claims Act Fundamentals: How to Respond to a Third-Party SubpoenaFalse Claims Act Amendments Take More Direct Attack at Escobar and Pass Senate Judiciary CommitteeChanges Coming to the FCA?  Proposed Amendments Would Impact Materiality Analysis, Government Discovery, Among Other Issues

District of Vermont

Electronic Health Records Company Pays High Price for Software Shortcomings

Electronic Health Records

First False Claims Act Settlement under DOJ’s Cyber-Fraud InitiativeElectronic Health Records Company Pays High Price for Software Shortcomings

Enforcement

Government Scrutiny of COVID-19 Relief FundsDOJ Releases Annual Civil Fraud Recovery Statistics and ResultsRegister Now | 8th Annual Nashville Healthcare Fraud Conference

Escobar

Cyber Incident Reporting May Be “Material” for Federal ContractorsSDNY Ruling in Anthem Sends a Signal to Medicare Advantage LitigantsFalse Claims Act Fundamentals:  What is Materiality?

Events

Register Now | How to Respond to a Civil Investigative Demand WebinarRegister Now: The Supreme Court and the False Claims Act Webinar ReplayWatch Now | Healthcare Fraud & Abuse Annual Review Webinar

Express/Implied Certification

False Claims Act Fundamentals: What Is a False Claim?FCA Deeper Dive: Express CertificationNorth District of California Misconstrues Express False Certification Liability

False Certification

PPP Enforcement Actions Gather SteamFalse Claims Act Fundamentals: What Is a False Claim?PPP Investigations, Settlements and Litigation on the Horizon

False Statements

Qui Tam Complaint Against Pharmacy Dismissed for Lack of ParticularityJeff Gibson Outlines Investigative Tools in FCA CasesFCA Deeper Dive: Worthless Services as a Theory of Falsity

Falsity

Controlled Substances Act and False Claims Act CollideMedicare Advantage Plan Highlights Distinction for FCA Purposes between Clinically Inaccurate Diagnoses and Clinically Accurate Diagnoses that Allegedly Violate Subregulatory GuidelinesFalse Claims Act Fundamentals: What Is a False Claim?

FCA Alert

Second Circuit Rejects Insufficient Service-of-Process Argument, Adopts Relator-Friendly RuleFalse Claims Act Case Unsealed Against Cerebral, Showing Continued Scrutiny of Telehealth PrescriptionsDistrict Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain Divided

FCA Deep Dive

Register Now: The Supreme Court and the False Claims Act Webinar ReplayRegister Now: The Supreme Court and the False Claims Act WebinarImpact of Anti-Kickback Statute on Its 50th Anniversary

FCA Fundamentals

False Claims Act Fundamentals: How to Respond to a Third-Party SubpoenaFalse Claims Act Fundamentals: Statute of LimitationsFalse Claims Act Fundamentals: Reverse False Claims

First-to-File

False Claims Act Decisions to Know from Q1 2022False Claims Act Fundamentals: What Is a Relator?  Corporate Maneuvering Leads to Thorny First-to-File Bar Issues

Government Contracts

Cyber Incident Reporting May Be “Material” for Federal ContractorsNinth Circuit Limits Damages in Government Procurement CaseRecent FCA Settlements in Government Contracts Cases

Granston Memo

Impact of Supreme Court’s Escobar Decision on Fifth AnniversaryDistrict Courts Hold that DOJ Lacks “Unfettered” Discretion to Preemptively Dismiss Qui Tam ActionsSupreme Court Asked to Review Pleading Standard and Constitutionality of FCA

Healthcare Providers

Controlled Substances Act and False Claims Act CollideSeventh Circuit Signals Ongoing Importance of Compliance with Medicare “Bad Debt” RegulationsFalse Claims Act Fundamentals: Anti-Kickback Statute and the Stark Law

HITECH Act

Electronic Health Records Vendor Must Pay Over $150 Million in FCA SettlementSixth Circuit Affirms Dismissal of FCA Action Related to HITECH Meaningful Use Payments

Hospice

Fifth Circuit Affirms Criminal Healthcare Fraud Convictions of Hospice and Home Health ExecutivesHospice Fraud: Eleventh Circuit Court’s FCA Decision in AseraCareUpdate: Healthcare Fraud Cases Against Hospice Providers

Hospitals

Controlled Substances Act and False Claims Act CollideSeventh Circuit Signals Ongoing Importance of Compliance with Medicare “Bad Debt” RegulationsFalse Claims Act Settlements to Know from Q2 2022

Implied Certification

Supreme Court Review Sought on FCA Materiality, Scienter ElementsNo Consensus on Materiality: Courts Continue to Grapple with Escobar’s Key HoldingsNinth Circuit Holds that Escobar Set Forth Exclusive Conditions for Implied Certification Liability

Intent

Second Circuit Agrees that the Anti-Kickback Statute Does Not Contain a “Corruption” ElementFourth Circuit Adopts Safeco’s Objective Reasonableness Standard for False Claims ActDeeper Dive: Meeting the FCA’s Intent Requirement

Knowledge/Scienter

Supreme Court Rejects Safeco, Holds that FCA Scienter Turns on Defendant’s Subjective BeliefSupreme Court Review of False Claims Act Scienter StandardFalse Claims Act Fundamentals: Scienter

Long-Term Care

Increased Oversight of Long-Term Care Facilities Related to COVID-19Healthcare Fraud Enforcement in Long-Term Care IndustryTennessee Nursing Home Chain Reaches “Largest Worthless Services Resolution in Tennessee’s History”

Managed Care

Martin’s Point Health Care Inc.’s $22.4M Settlement Illustrates DOJ’s Focus on Part C FraudWatch Now | Healthcare Fraud & Abuse Annual Review WebinarCMS Proposed Rule Addresses Multiple Aspects of Medicare Advantage Program for 2024, Including an Overpayment Rule Update

Materiality

Cyber Incident Reporting May Be “Material” for Federal ContractorsRecent False Claims Act Decisions to KnowSDNY Ruling in Anthem Sends a Signal to Medicare Advantage Litigants

Medical Necessity

False Claims Act Fundamentals: What Is a False Claim?Fifth Circuit Affirms Criminal Healthcare Fraud Convictions of Hospice and Home Health ExecutivesThe Eliminating Kickbacks in Recovery Act: An Unprecedented Expansion of Anti-kickback Liability to Private-Pay Referrals?

Medicare Advantage

Martin’s Point Health Care Inc.’s $22.4M Settlement Illustrates DOJ’s Focus on Part C FraudDOJ Focus on Medicare Advantage Insurers and FCA LiabilityCMS Proposed Rule Addresses Multiple Aspects of Medicare Advantage Program for 2024, Including an Overpayment Rule Update

Medicare/Medicaid

CMS Publishes New Data on Self-Referral Disclosure Protocol SettlementsWatch On-Demand | How to Submit a Stark Law Self-Disclosure WebinarSeventh Circuit Signals Ongoing Importance of Compliance with Medicare “Bad Debt” Regulations

Original Source

Public Disclosure Bar and Pleading Deficiencies Doom Tennessee FCA CaseEleventh Circuit Holds Secondhand Knowledge Does Not Make Relator an Original SourceFCA Deeper Dive: Original Sources under the FCA’s Public Disclosure Bar

Overpayments

DOJ Focus on Medicare Advantage Insurers and FCA LiabilityProvider Beware: Recent FCA Cases Emphasize the Importance of Diligently Addressing Potential OverpaymentsMedicare Advantage: Recent Developments in FCA Enforcement

Penalties

False Claims Act Fundamentals: DamagesDOJ Releases 2022 FCA Civil Monetary Penalties Inflation AdjustmentEleventh Circuit Becomes First Appeals Court to Hold that Excessive Fines Clause Applies in Declined FCA Cases

Pharmaceutical Manufacturers

Second Circuit Agrees that the Anti-Kickback Statute Does Not Contain a “Corruption” ElementCourt Decision Upholding OIG’s Rejection of Pharmaceutical Company’s Drug Co-Pay Assistance ProgramThe California Insurance Frauds Prevention Act: What to Know About California’s Powerful Commercial Health Insurance Fraud Statute

Pharmaceuticals

Download Now – 11th Annual Healthcare Fraud & Abuse ReviewRegister Now | 8th Annual Nashville Healthcare Fraud ConferenceSecond Circuit Agrees that the Anti-Kickback Statute Does Not Contain a “Corruption” Element

Physician Compensation

Register Now | 8th Annual Nashville Healthcare Fraud ConferenceUpdate: Third Circuit Allows Allegations of Improper Compensation under the Stark Law to Proceed, but Reverses Controversial "Varies with Volume or Value" ReasoningThird Circuit Holds Allegations of Improper Compensation Methodologies under the Stark Law Survive Motion to Dismiss

Physicians

False Claims Act Settlements to Know from Q2 2022False Claims Act Settlements to Know from Q1 2022SC Hospital Pays $17 Million to Resolve FCA Claims of Improper Physician Employment Relationships

Pleading Standards

Anti-Retaliation under the False Claims ActFourth Circuit Adopts Safeco’s Objective Reasonableness Standard for False Claims ActEighth Circuit Affirms Dismissal of Kickback Case

Private Equity

Controlled Substances Act and False Claims Act CollideIncreased False Claims Act Exposure for Private Equity Firms Investing in HealthcareFalse Claims Act Decisions and Settlements to Know from Q4 2021

Public Disclosure Bar

Recent False Claims Act Decisions to KnowSecond Circuit Holds False Claims Act Complaint Is Barred by SEC FilingsNinth Circuit Affirms Broad Scope of False Claims Act’s Public Disclosure Bar

Publications

Download Now – 11th Annual Healthcare Fraud & Abuse ReviewDownload Now – 10th Annual Healthcare Fraud & Abuse ReviewDownload and Register Now - Healthcare Fraud & Abuse Review and Webinar from Bass, Berry & Sims

Quarterly Case & Settlement Updates

False Claims Act Decisions to Know from Q3 2023False Claims Act Decisions to Know from Q2 2023False Claims Act Settlements to Know from Q2 2023

Relators

Second Circuit Rejects Insufficient Service-of-Process Argument, Adopts Relator-Friendly RuleSupreme Court Review of Key FCA IssuesFalse Claims Act Fundamentals: What Is a Relator?  

Reports

Download Now – 11th Annual Healthcare Fraud & Abuse ReviewDownload Now – 10th Annual Healthcare Fraud & Abuse ReviewRegister Now for the Healthcare Fraud & Abuse Review Webinar

Retaliation

Third Circuit Holds that Whistleblower Can Still Be Fired for MisconductAnti-Retaliation under the False Claims ActFalse Claims Act Fundamentals: What Is a Relator?  

Reverse False Claims

False Claims Act Fundamentals: Reverse False ClaimsProvider Beware: Recent FCA Cases Emphasize the Importance of Diligently Addressing Potential OverpaymentsQui Tam Complaint Against Pharmacy Dismissed for Lack of Particularity

Rule 9(b)

Supreme Court Review of Key FCA IssuesThird Time is Not the Charm – Supreme Court Denies Cert. on Rule 9(b) Split AgainUnited States Says No Supreme Court Review Needed in False Claims Act Cases

Seal Requirement

Relator Cannot Maintain Dismissed Qui Tam Action Under Seal, District Court Rules“Significant Abuses of the Statutory Scheme:" District Court Criticizes Practice of Regular Extensions of the FCA Seal PeriodSupreme Court Rejects Mandatory Dismissal for an FCA Seal Breach

Self-Disclosure

CMS Publishes New Data on Self-Referral Disclosure Protocol SettlementsFalse Claims Act Fundamentals: Self-DisclosuresRegister Now | 8th Annual Nashville Healthcare Fraud Conference

Settlement

Expect More Cyber-Enforcement under the False Claims ActCMS Publishes New Data on Self-Referral Disclosure Protocol SettlementsRecent FCA Settlements in Government Contracts Cases

Stark Law

CMS Publishes New Data on Self-Referral Disclosure Protocol Settlements2022: HHS-OIG Year In ReviewDownload Now – 11th Annual Healthcare Fraud & Abuse Review

State and Other Supreme Courts

FCA Deeper Dive: Escobar and Its Aftermath – Part I

State/Local FCA

Download Now – 11th Annual Healthcare Fraud & Abuse ReviewTennessee Healthcare Fraud and Abuse LawsDownload Now – 10th Annual Healthcare Fraud & Abuse Review

Statistical Sampling

False Claims Act Dangers on Display in RuckhFourth Circuit Takes a Pass on Statistical Sampling, Finds DOJ's Settlement Veto Authority UnreviewableMatt Curley Analyzes Oral Arguments in Fourth Circuit Agape Case

Statute of Limitations

False Claims Act Fundamentals: Statute of LimitationsSupreme Court Wrestles with “Terribly Drafted” FCA Statute of LimitationsSupreme Court Agrees to Resolve Circuit Split on FCA Statute of Limitations

Telehealth

False Claims Act Case Unsealed Against Cerebral, Showing Continued Scrutiny of Telehealth PrescriptionsTelehealth Scrutiny Following COVID-19 Pandemic

United States Supreme Court

Register Now: The Supreme Court and the False Claims Act Webinar ReplaySupreme Court Upholds Broad Government Authority to Dismiss Qui Tam False Claims Act LawsuitsSupreme Court Rejects Safeco, Holds that FCA Scienter Turns on Defendant’s Subjective Belief

Whistleblower

Supreme Court Upholds Broad Government Authority to Dismiss Qui Tam False Claims Act LawsuitsSupreme Court Review of Key FCA IssuesFalse Claims Act Fundamentals: What Is a Relator?  

Worthless Services

Tennessee Nursing Home Chain Reaches “Largest Worthless Services Resolution in Tennessee’s History”The Eliminating Kickbacks in Recovery Act: An Unprecedented Expansion of Anti-kickback Liability to Private-Pay Referrals?FCA Deeper Dive: Worthless Services as a Theory of Falsity

Yates Memo

Associate Attorney General Sheds Light on the DOJ’s Application of Individual Liability and Corporate Cooperation Credit in FCA casesA Look Back at Healthcare Fraud Enforcement Efforts from 2015

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From the Bass, Berry & Sims Blog Network

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