Norman Tabler, Jr.

Norman Tabler, Jr.

Faegre Baker Daniels

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Good News for Guilty Whistleblowers!

Want to be a whistleblower but worried your own wrongdoing will prevent it? If so, Tuesday’s decision by a federal court in Texas should come as welcome news. In that long-running False Claims Act case, the court rejected a...more

10/24/2014 - False Claims Act Omnicare Prior Wrongful Acts Whistleblowers

Hospital Conversion to For-Profit Status Improves Health (i.e., Financial Health)

For years the debate has raged: Does conversion of a nonprofit hospital to for-profit status result in a decline in clinical quality? An improvement? More efficient operations? A decrease in the volume of indigent and...more

10/23/2014 - Healthcare Hospitals Information Reports Non-Profits Quality of Care Standards

Third Circuit Tightens “Original Source” Requirement for Whistleblowers

Back in 2003 Karl Schumann filed a whistleblower suit alleging that as an executive with benefits company Medco, he learned that Bristol-Myers Squibb and AstraZeneca paid kickbacks to Medco to buy and recommend brand name...more

10/22/2014 - Compliance Evidence False Claims Act Whistleblowers

Seventh Circuit Reaffirms Worthlessness of Worthless Services Cases

In August the Seventh Circuit expressed its view that so-called “worthless services” cases don’t state a claim under the False Claims Act. Last Friday the court reaffirmed its view by refusing to rehear the case en banc....more

10/21/2014 - False Claims Act Healthcare Medicaid Medicare Nursing Homes Worthless Services Claims

And You Thought a One-Third Contingency Was High

On Tuesday a federal court in Illinois awarded fees of $200,000 to attorneys for a whistleblower in a False Claims Act action. Not impressed? Well, consider this: the whistleblower got a little less than $30,000. Figured...more

10/20/2014 - Attorney's Fees Enforcement Actions False Claims Act Whistleblower Awards Whistleblowers

Hospital’s Extortion & Fraud Too Quick to Violate RICO

Danielle Bennion and her co-plaintiffs filed a RICO (Racketeer Influenced & Corrupt Practices Act) action alleging that Mountain View Hospital and co-defendants engaged in a plan of extortion and wire fraud for the purpose of...more

10/17/2014 - Extortion Fraud Healthcare Hospitals RICO Wire Fraud

FTC Attacks Toothless Regulation of Dentists

Yesterday the United States Supreme Court heard argument in a case of national importance to health professions and the state boards that regulate them. The case, North Carolina Board of Dental Examiners v. FTC, addresses...more

10/15/2014 - Antitrust Litigation FTC Health Care Providers Healthcare SCOTUS

Seniors Needn’t Drive into the City to Get Overcharged!

Remember when you had to drive into the city to get overcharged? Those days are over. According to a report issued Wednesday by the Office of Inspector General of Health & Human Services, Medicare patients pay two to six...more

10/14/2014 - Elder Issues Healthcare HHS Medicare Rural Health Care Program

Illinois Blues Won’t Let Hospitals Jointly Negotiate Unless They’re Married

Remember when Hollywood wouldn’t show an unmarried couple in bed together? Blue Cross-Blue Shield of Illinois is taking that approach to contract negotiations. If hospitals want to negotiate jointly with the insurer, they...more

10/9/2014 - Blue Cross Blue Shield Clinical Integration Contract Negotiations Health Insurance Hospitals

Today’s Riddle: When Does Medicare Fine Hospitals for Admitting Sick Seniors?

Give up? It’s when the sick senior was treated at that same hospital less than 30 days ago for heart attack, heart failure, or pneumonia. Starting in less than three months, the list of conditions will be expanded to cover...more

10/7/2014 - CMS Elder Issues Fines Healthcare Hospitals Medicare

CMS Refuses to Count Family Practice Residents Who Train in Family Practice Settings

Last Friday Eastern Maine Medical Center sued Health & Human Services over the way CMS counted the number of residents in its graduate medical education program. According to the complaint, CMS refuses to count some of the...more

10/1/2014 - CMS HHS Hospitals Physicians

Court Finds FDA Explanation of Knee Implant Reversal Lame

The FDA had approved the mesh—called the Collagen Scaffold—in December 2008. But after the change in administrations the following month, the agency decided that the approval process had been flawed and had been the focus of...more

9/30/2014 - FDA Healthcare Manufacturers Medical Devices Revocation

Judge Dismisses FDA Spying Case But Not Because It’s Innocent

Earlier this week a federal judge dismissed a lawsuit by six former and current FDA scientists who allege that the FDA retaliated and spied on them for blowing the whistle on FDA approval of medical devices that put cancer...more

9/29/2014 - Adverse Employment Action Civil Service Reform Act Dismissals FDA Former Employee HHS Medical Devices Retaliation Surveillance

CMS Charges $13 Million Late Payment Fee on $1 Million Medicaid Overpayment

To add insult to injury, the overpayments were inadvertent—the result of electronic coding errors on about 900 Medicaid claims. On top of that, Mt. Sinai itself didn’t make the errors. They were made by two hospitals in the...more

9/26/2014 - CMS Healthcare Late Payments Medicaid Overpayment

Whistleblower Defendant Blows Whistle on Whistleblower

Antonio Saidiani filed a whistleblower suit alleging that NextCare urgent centers and CEO Dr. Shufeldt had collected tens of millions of dollars in false Medicare claims. Antonio was in a position to know because he was that...more

9/25/2014 - Consumer Bankruptcy Dismissal With Prejudice Employer Liability Issues False Claims Act Former Employee Medicare Settlement Standing Urgent Care Centers Whistleblower Awards Whistleblowers

Did the Federal Court Protect the Wrong Doctor?

Last week in a medical malpractice case in Alabama, a federal court denied the plaintiff’s motion to compel production by a hospital of the defendant doctor’s personnel file. The plaintiff believed that the file could show...more

9/24/2014 - Medical Malpractice Physicians

OIG Warns Pharma Its Copayment Coupons May Aid Crime

Brand name drugs cost a lot. So to make them more attractive, drug manufacturers issue coupons for discounts on the copayment portion of the price. They work the same as the dollar-off coupons offered by cereal manufacturers....more

9/23/2014 - Anti-Kickback Statute Co-payments Discounts False Claims Act Medicare OIG Pharmaceutical Pharmaceutical Manufacturers Prescription Drugs

Federal Court Blasts Hospital’s Kitchen Sink Privilege Claim

Lawyers for Chicago’s Mercy Hospital found that out Monday when a federal court ruled on their claim of peer review privilege for hundreds of documents sought by the plaintiff in a malpractice case. The court blasted the...more

9/22/2014 - Discovery Healthcare Hospitals Medical Malpractice Peer Review

D.C. Circuit Declines Hospitals’ Plea for Relief from CMS Catch-22

Here’s how the catch works. A hospital admits and treats a Medicare patient who needs care. The hospital bills Medicare and gets paid. Later—usually much later—a RAC auditor rules that the patient needed only outpatient care...more

9/19/2014 - Audits Hospitals Inpatient Billing Medicare Recovery Audit Contractor

Eighth Circuit Revives Whistleblower Action by Scorned Planned Parenthood Manager

The last time we heard about Susan Thayer’s whistleblower suit against Planned Parenthood, a federal district court in Iowa had thrown it out because she hadn’t provided any specific examples of fraud and therefore had failed...more

9/18/2014 - Planned Parenthood Pleading Standards Retaliation Whistleblower Protection Policies Whistleblowers

OIG Criticizes CMS’s 16-Year Delay in Issuing Regulations; CMS Yawns

Turns out it’s not just health care providers that notice CMS’s foot-dragging. Last Thursday the Office of Inspector General (OIG) of Health & Human Services (HHS) published its report on what CMS has done—or rather, has not...more

9/17/2014 - CMS Healthcare OIG

HHS Asserts the Everybody-Does-It Defense

If that sounds familiar, your child may have a future as a lawyer for Health & Human Services. Because that’s one of the primary arguments asserted by HHS last Friday in its motion to dismiss the lawsuit by the American...more

9/16/2014 - American Hospital Association Delays HHS Hospitals Medicare Medicare Appeals Council Motion to Dismiss

Attention Hospitals! Act Now To Get 68 Cents For Your Medicare Dollar!

It’s no secret that CMS is drowning in appeals from denials of Medicare claims for inpatient care. The number of pending appeals was estimated at half a million back in February, and it’s only grown since then. One reason...more

9/15/2014 - Appeals CMS Hospitals Medicare Two-Midnight Rule

Want To Complain About The 2015 Medicare Physician Fee Schedule? Take A Number.

Apparently Americans feel that way about Medicare’s traditional fee-for-service physician compensation schedule. Everybody complains about it, but nobody likes any proposed changes. That’s clear from the reaction to the...more

9/15/2014 - CMS Fee-for-Service Health Insurance Healthcare Medicare Physician Fee Schedule Physicians Public Comment Trade Associations

Court Rejects Hospital’s ADA Argument That Proves Too Much

Dr. Robinson is an obstetrician at St. Francis Hospital. A diabetic, he underwent surgery for a broken foot and can’t always remain standing throughout deliveries. So he uses a rolling stool and practices from a seated...more

9/11/2014 - ADA Hospitals Physicians Reasonable Accommodation Title III

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