Samantha Kingsbury

Samantha Kingsbury

Mintz Levin

Contact  |  View Bio  |  RSS

Latest Publications

Share:

DOJ Announces Dramatic Increase in False Claims Act Penalties

On May 6th, we posted about the possibility that the Department of Justice (“DOJ”) might dramatically increase False Claims Act (“FCA”) penalties after the Railroad Retirement Board (“RRB”) nearly doubled the per-claim...more

7/1/2016 - Civil Monetary Penalty DOJ False Claims Act (FCA) Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Final Rules Health Care Providers Interim Rule Public Comment Railroad Retirement Board (RRB)

Jury Acquits Former Pharma Exec in One of the First Post-Yates Memo Health Care Fraud Prosecutions

Like many before it, this year has been one to watch in government health care fraud enforcement efforts. In September 2015, the Department of Justice (DOJ) released the “Yates Memo,” which reaffirmed the government’s...more

6/28/2016 - Acquittals Affirmative Defenses Anti-Kickback Statute Corporate Counsel Criminal Prosecution DOJ Good Faith Healthcare Fraud Jury Instructions Kickbacks Pharmaceutical Industry Popular Yates Memorandum

Already Enormous False Claims Act Penalties Set to Increase

The already enormous per-claim penalties under the federal False Claims Act (“FCA”) may nearly double by August 1, 2016, ratcheting up the stakes of FCA cases for health care providers, pharmaceutical and medical device...more

5/9/2016 - DOJ False Claims Act (FCA) Health Care Providers Legislative Committees Medicaid Statutory Penalties

Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: April 2016

Trends & Analysis - ..We have identified 42 health care–related qui tam cases that have been unsealed in whole or in part since the cases covered in our last Qui Tam Update. Included in that count is one proceeding (the...more

4/12/2016 - Class Action Corporate Integrity Agreement Fraud HIPAA Qui Tam Whistleblowers

Judge Sides with AseraCare, Grants Summary Judgment in $200 Million FCA Case

Much like the rest of the health care world, we have been following the AseraCare case since May of last year when the Alabama federal district court granted AseraCare’s motion to bifurcate its False Claims Act (FCA) trial...more

4/4/2016 - Corporate Counsel DOJ False Billing False Claims Act (FCA) Hospice Medicare Physicians

Laboratories – 2015 Year in Review [VIDEO]

Over the past year, significant regulatory changes began to take shape that will have lasting effects on the laboratory industry for years to come. After publishing draft guidance regarding the regulation of laboratory...more

12/31/2015 - Aetna Anti-Kickback Statute CIGNA CLIA CMS Enforcement Actions False Claims Act (FCA) FDA HHS Laboratory Developed Tests OIG PAMA Stark Law

ML Strategies Health Care Update – DNA Sequencing Workshop and Drug Pricing Developments

On Tuesday, ML Strategies (MLS) posted its weekly Health Care Update, which provides information from the previous week on a variety of important health-care-related topics....more

11/23/2015 - Diagnostic Tests DNA Drug Pricing FDA Precision Medicine Initiative (PMI) Prescription Drugs

Jury Sides with DOJ in First Phase of FCA Statistical Sampling Trial

Last week, a jury in Alabama federal court sided with the Department of Justice (DOJ) and qui tam relators in the first part of a False Claims Act (FCA) case against AseraCare Inc., a provider of hospice and palliative care...more

10/21/2015 - Bifurcation DOJ False Billing False Claims Act (FCA) Hospice Jury Trial Medicare Qui Tam Relators Statistical Sampling Treble Damages

OIG Issues Favorable Advisory Opinion of Hospital Leasing Arrangement

Last week, the Office of Inspector General (OIG) for the Department of Health and Human Services published Advisory Opinion 15-10 (Opinion). The Opinion addressed a hospital system’s proposal to lease non-clinician employees...more

8/4/2015 - Advisory Opinions Anti-Kickback Statute CMS Health Care Providers Healthcare HHS Hospitals Leased Employees Management Agreements Medicaid Medicare OIG Patient Referrals

MACRA: Program Integrity and Fraud and Abuse Provisions

On Thursday April 16th, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). Pub.L. 114-10. In two previous posts, we discussed MACRA’s repeal of the Sustainable Growth Rate...more

4/24/2015 - CHIP Health Care Providers Hospitals Medicare Medicare Access and CHIP Reauthorization (MACRA) New Legislation Physician Medicare Reimbursements Physician SGR Formula Physicians

GAO Report Highlights Improper Medicare/Medicaid Payments

Despite the efforts of the Department of Health and Human Services (HHS) to combat fraud and contain costs in federal healthcare programs, Medicare’s fee-for-service program (Parts A and B) and Medicaid were two of the top...more

3/12/2015 - Congressional Investigations & Hearings Fee-for-Service Fraud GAO Healthcare HHS Medicaid Medicare Medicare Part A Medicare Part B

Device Manufacturer Settles False Claims Act Allegations with DOJ for $1.25 Million

The Department of Justice (DOJ) recently announced that ev3 Inc. (which acquired Fox Hollow Technologies, Inc. (“Fox Hollow”), a medical device manufacturer, in late 2007) agreed to pay $1.25 million to resolve allegations...more

2/18/2015 - DOJ False Claims Act (FCA) Manufacturers Medical Devices Medicare Settlement

Federal Judge Awards Attorneys’ Fees to Defendant in Dismissed Qui Tam Case, Calls Whistleblower a “Serial Relator”

In November 2013 and this past October, Mintz Levin’s Health Care Qui Tam Update highlighted three separate qui tam False Claims Act (FCA) cases filed by Fox RX, Inc. (Fox), a former Medicare Part D plan sponsor. Fox filed...more

12/8/2014 - Dismissals False Claims Act (FCA) Generic Drugs Medicare Part D Omnicare Qui Tam Whistleblowers

Vascular Solutions Inc. and its CEO Face Criminal Charges for Selling Unapproved Medical Devices

Last week, the Civil Division of the U.S. Department of Justice (DOJ) filed an indictment charging Vascular Solutions Inc. (VSI) and its CEO Howard Root with (1) selling medical devices without the approval of the U.S. Food...more

11/20/2014 - DOJ False Claims Act (FCA) FDA Fraud Indictments Medical Devices Personal Liability

Life Care Centers Seeks Sixth Circuit Review of Decision Allowing Statistical Sampling/Extrapolation in FCA Case

Last week, we posted about U.S. District Court Judge Harry Mattice’s September 29th ruling that government attorneys could extrapolate from a small sample of patient admissions to over 50,000 patient admissions (and over...more

10/17/2014 - Due Process Extrapolation False Claims Act (FCA) Interlocutory Appeals Nursing Homes Statistical Sampling

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed False Claims Act Cases: October 2014

Trends & Analysis - Between our last Qui Tam Update and the end of June, 65 health care–related qui tam cases were unsealed (28 in April, 18 in May, and 19 in June). Within those 65 cases...more

10/16/2014 - False Claims Act (FCA) Healthcare Medicare Part D Pharmaceutical Industry Pharmacies Prescription Drugs Qui Tam

Federal Judge Rules to Allow Extrapolation on More Than 50,000 Claims in FCA Case

Last week, a Tennessee federal district court judge ruled that government attorneys can extrapolate from a small sample of billing statements to over 50,000 claims submitted by Life Care Centers of America, Inc. (a nursing...more

10/7/2014 - False Claims Act (FCA) Healthcare Nursing Homes Treble Damages

Department of Justice Criminal Division Will Increase its Review of False Claims Act Cases for Criminal Prosecution

On Wednesday, during a speech before the Taxpayers Against Fraud Education Fund conference in Washington, D.C., Leslie R. Caldwell, Assistant Attorney General for the Department of Justice’s (DOJ) Criminal Division, announced...more

9/22/2014 - Criminal Prosecution DOJ Enforcement False Claims Act (FCA) Strategic Enforcement Plan

Federal Court Rejects Relator’s Swapping Allegations in False Claims Act Case

This week a federal district court in Ohio ruled in favor of Mobilex USA (Mobilex), the country’s largest mobile medical imaging company, on a motion for summary judgment in a False Claims Act (FCA) suit filed by a former...more

8/18/2014 - False Claims Act (FCA) Healthcare Medicare Medicare Part A Medicare Part B

New Massachusetts Law Targets Self-Referrals of Clinical Laboratory Services

The Fiscal Year 2015 budget for the Commonwealth of Massachusetts, which was signed into law earlier in the week, included a broad prohibition on clinical laboratory self-referrals. This legislation (the “Bill”) originally...more

7/21/2014 - Clinical Laboratories Healthcare New Legislation Physicians Self-Referral

Can a Relator Be Held Liable for Using Confidential Company Documents to Support a Qui Tam Case?

Last week, the U.S. District Court for the Eastern District of Pennsylvania issued a decision in Walsh et al. v. Amerisource Bergen Corp. et al denying the Relator’s motion to dismiss a counterclaim that alleged the Relator...more

6/25/2014 - Confidentiality Agreements False Claims Act (FCA) Qui Tam Relators

Changes Ahead for Laboratories Doing Business in Pennsylvania

New legislation enacted last month will change the way many laboratories do business in Pennsylvania. Senate Bill 1042 (SB 1042), which amends Pennsylvania’s Clinical Laboratory Act (the Act), now prohibits several practices...more

1/6/2014 - Clinical Laboratories Department of Health

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed Cases

Trends and Analysis: ..We have identified 21 health care–related qui tam cases unsealed since last month’s Qui Tam Update. Of those, two were filed in 2013, 15 were filed in 2011 or 2012, and four were filed in 2010 or...more

11/1/2013 - Anti-Kickback Statute False Billing False Claims Act (FCA) Healthcare Off-Label Promotion Pharmaceutical Industry Prescription Drugs Qui Tam Relators Sealed Records

Serial Relator Getting the Boot?

This past Friday, hospital company HCA Holdings, Inc. asked a federal court judge to dismiss a False Claims Act (FCA) suit filed by whistleblower and former employee, Stephen McMullen. Mr. McMullen worked for an...more

9/5/2013 - False Claims Act (FCA) Fraud Healthcare Fraud Hospitals Medicare Whistleblowers

27 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×