Holly Barker

Holly Barker

Morgan Lewis

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Latest Publications


Proof by Proxy in FCA Suits? District Court Says It Depends

Admissibility of statistical sampling to prove liability in FCA suit is fact dependent. In a February 14, 2017 decision, the Fourth Circuit declined to rule on the question of whether statistical sampling can be used to...more

2/23/2017 - DOJ False Billing False Claims Act (FCA) Hospice Qui Tam Relators Statistical Sampling

False Claims Act Update

As anticipated, the DOJ follows the RRB’s lead, nearly doubling FCA penalties. In accordance with Section 701 of the Bipartisan Budget Act of 2015 (BBA), Public Law 114-74, the US Department of Justice (DOJ) published an...more

7/5/2016 - Bipartisan Budget Act Civil Monetary Penalty DOJ Eighth Amendment Excessive Fines Clause False Claims Act (FCA) Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Interim Rule Public Comment

Mandatory FCA Per Claim Penalties Dramatically Increased from $11,000 to $21,563

The penalties are potentially astronomical for entities with FCA exposure. In addition to treble damages, the False Claims Act (FCA) provides for mandatory penalties for each false claim submitted “of not less than...more

5/5/2016 - Civil Monetary Penalty Corporate Counsel Eighth Amendment Excessive Fines Clause False Claims Act (FCA) Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015

False Claims Act Trial Sets Precedent for Future Cases

The DOJ’s theory of falsity based on clinical disagreement alone fails as a matter of law. In a closely watched False Claims Act (FCA) proceeding by the healthcare industry and FCA practitioners, the US District Court...more

4/1/2016 - Dismissals DOJ False Claims Act (FCA) Hospice Medicare Physicians

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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