Holly Barker

Holly Barker

Morgan Lewis

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Latest Publications


Felony Conviction Bars Whistleblower from Pursuing Qui Tam Case

A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability. On July 16, a US Court of Appeals for the Ninth Circuit panel upheld the dismissal from...more

7/21/2015 - Convictions Criminal Investigations DOE False Claims Act (FCA) First Impression Fraud Motion to Dismiss Qui Tam Relators Whistleblowers

Fourth Circuit's Triple Canopy False Claims Act Decision

The decision unexpectedly expands potential liability. On January 8, the U.S. Court of Appeals for the Fourth Circuit issued a panel decision that established a new and potentially significant False Claims Act (FCA)...more

1/21/2015 - Appeals Breach of Contract Defense Sector False Claims Act (FCA) Federal Contractors Implied Certification Qui Tam Scienter Triple Canopy Whistleblowers

HHS Publishes Final Rule on Exchanges, SHOPs, and Eligibility Appeals

Final regulations required for October 1, 2013 open enrollment are largely unchanged from the proposed rule. On August 30, the Centers for Medicare & Medicaid Services (CMS) of the Department of Health and Human...more

9/11/2013 - Affordable Care Act CMS Employer Mandates Health Insurance Exchanges Healthcare HHS Open Enrollment Shared Responsibility Rule SHOP Program

CMS Rule Complicates Long-Term Care Facility and Hospice Relationships

Final rule aims to improve the quality and consistency of care between long-term care facilities and hospice providers but may increase conflict between facility and provider staff. ...more

7/1/2013 - CMS Compliance Final Rules Healthcare Hospice Long-Term Care Medicaid Medicare New Legislation

HHS OIG Issues Revised Self-Disclosure Protocol

OIG touts substantial benefits of disclosing, provides greater detail for different types of disclosures, and captures 15 years of OIG Self-Disclosure Protocol experience....more

4/18/2013 - Anti-Kickback Statute Damages HHS OIG Self-Disclosure Requirements Stark Law

OIG Recommends Increased CMS Enforcement of SNF Standards

Amid alleged failures of skilled nursing facilities to meet care and discharge planning requirements, OIG identifies substantial payment errors....more

3/22/2013 - Affordable Care Act CMS Compliance Ethics Healthcare Medical Liability Medicare Nursing Homes OIG Overpayment Quality of Care Standards

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