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Medical Research Fraud And HHS's Office Of Research Integrity: Watching The Watchdog

Even for those who carefully follow legal developments in the health care fraud arena, the Department of Health and Human Service’s Office of Research Integrity (“ORI”) is an agency that rarely appears on the radar. According...more

3/20/2014 - Healthcare HHS Medical Research NIH

The Anti-Kickback Statute And The Affordable Care Act: A Law Enforcement Tool Suddenly Goes Missing

With the aggressive pursuit of cases against the pharmaceutical and device industries (including the recent $2.2 billion settlement with Johnson & Johnson), the implementation of Medicare Fraud Strike Forces in major cities...more

11/13/2013 - Affordable Care Act Anti-Kickback Statute Enforcement Healthcare Fraud HHS Law Enforcement

The Glaxo-China Bribery Scandal: A New Policeman Walks The Beat

When it comes to allegations of foreign bribery, what a difference a week can make. Just over ten days ago, a new player in the world of international bribery – the Chinese Ministry of Public Security – announced that it was...more

7/25/2013 - Bribery China Compliance DOJ Foreign Official Fraud GlaxoSmithKline Government Officials Pharmaceutical SFO Travel UK White Collar Crimes

Caronia And The First Amendment Defense To Off-Label Marketing: A Six Month Re-Assessment

When the Second Circuit issued its December 3, 2012 decision in United States v. Caronia, the opinion was proclaimed by many to signal a sea change in the prosecution of off-label promotion....more

5/29/2013 - Biotechnology FDA First Amendment Investigations Marketing Off-Label Use Penalties Prescription Drugs

ProPublica's "Dollars for Docs": Will The Physician Payments Sunshine Provisions Clear The Haze?

On February 1, 2013, the Centers for Medicare and Medicaid Services (CMS) published the long-delayed final rule that is intended to implement the Physician Payments Sunshine provisions that were included in the Patient...more

3/20/2013 - Affordable Care Act CMS Data Collection Healthcare Medical Devices Pharmaceutical Physician Payments Physicians Sunshine Act

Down The RICO Rabbit Hole: John Reynolds And The Hospital For Special Surgery

To state that the federal RICO statue has long since slipped the bounds of Congress’s original intent is hardly a novel observation. Although the U.S. Attorney’s Manual points out that "the purpose of the RICO statute is 'the...more

2/13/2013 - Fraud Healthcare Kickbacks Racketeering RICO United States Attorney’s Bulletin White Collar Crimes

EMRs: The New Health Care Fraud Frontier?

Whether referred to as electronic medical records, electronic health records, or electronic patient records, there is no doubting the tremendous potential benefits that the digitization of medical data holds for the health...more

12/5/2012 - Cybersecurity Electronic Medical Records Fraud Hackers Healthcare HITECH

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