Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:
Ethics Laws and the Importance of Transparency for Public Officials
Conducting Business With the Obama Administration
Jack Deschauer on Government Investigations
Is Edward Snowden a Whistleblower?
Colombia Battles U.S. Investors for $17 Billion Treasure
Suzanne Folsom and Ted Wright of ACADEMI
Kevin Kelly on Sequestration
Alan Chvotkin on Sequestration
Clark Ervin on National Security’s Business Impacts
Micah Green on U.S. Fiscal Policy
Turbulent Market for Legal Services Forces Law Firms to Innovate
On October 2, 2013, the United States District Court for the District of South Carolina issued an Amended Order and Opinion directing the entry of a civil judgment against Tuomey Health Care System (Tuomey) in the amount of...more
The US Department of Justice (DOJ) has announced the settlement of multiple False Claims Act actions against 55 hospitals and one manufacturer....more
While predicting enforcement trends over the next five years is not without uncertainty, the best marker for future activity may be to look to the past. We believe that industry members and counsel can expect the Department...more
On May 8, 2013, the Office of Inspector General (OIG) published an updated bulletin that spells out the frequency with which employers should check the OIG’s List of Excluded Individuals and Entities and clarifies which...more
The healthcare industry has a long history of innovative compliance policies and strategies. ...more
Bill Mathias of Ober|Kaler's Health Law Group presented on compliance as a part of the 2013 Healthcare Fraud and Abuse Bootcamp Webinar Series sponsored by the American Health Lawyers Association.
After a four-week retrial, a federal jury concluded on May 8, 2013 that Tuomey Healthcare System (Tuomey) violated both the Stark Law and the False Claims Act (FCA). The jury determined that Tuomey violated the Stark Law by...more
The Office of the Inspector General (OIG) released a Special Fraud Alert on March 26, 2013 warning that physician-owned distributorships (PODs) are "inherently suspect" under the Anti-Kickback Statute (AKS). Generally...more
The U.S. Department of Health & Human Services, Office of Inspector General (the “OIG”) issued a Special Fraud Alert (“Alert”) on March 26, underscoring its heightened focus on fraud and abuse risks posed by physician-owned...more
The 340B Drug Pricing Program (340B Program) continues to undergo a period of intense scrutiny and debate over how compliance with program rules is enforced. As previously reported in the May 30, 2012 edition of Foley’s Legal...more
The United States District Court for the District of Columbia recently ruled, again, that a Medicare contractor is not permitted to disallow Medicare bad debts solely on the ground that the bad debt is still at an outside...more
A durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22 percent on the volume of his sales. The court held that the salesman did not...more
Federal enforcement of False Claims Act (FCA), Stark anti-kickback, and HIPAA/HITECH claims against healthcare companies continues to rise rapidly. FCA recoveries by the U.S. Department of Justice (DOJ) exceeded $9.5 billion...more
There’s a dust up occurring between the City of Los Angeles and the Great Basin Unified Air Pollution Control District (“Great Basin”). What’s the dust up about?
Yes, even something as naturally occurring and...more
The Supreme Court’s decision upholding most of the Affordable Care Act increased compliance responsibilities for healthcare companies. The ACA amended the False Claims Act (FCA), which was amended in 2009 in the Fraud...more
If you do business with the government (e.g. defense industry or health care), your greatest risk is the False Claims Act.
The United States government is the world’s largest purchaser of goods and services. The...more
The United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has rescinded Directive 293, Coverage of Health Care Providers and Insurers, which outlined OFCCP policy for determining whether...more
Recently, health care providers have been targeted by the Office of Federal Contract Compliance Programs (OFCCP), which has taken the position that participants in Medicare Part C and D are now federal contractors and may be...more
Last week, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published its work plan for the 2012 fiscal year in which it described its primary objectives for the year. We identify below, by...more