News & Analysis as of

Criminal Prosecution Nursing Homes

Bradley Arant Boult Cummings LLP

Skyline Fraud Charges Serve as a Warning to Inexperienced Operators

In the past month, state and federal prosecutors have separately charged the former CEO of Skyline Healthcare, Joseph Schwartz, with Medicaid and tax fraud. The criminal actions, which represent the latest legal action...more

Brooks Pierce

Increased DOJ Enforcement in the Health Care Space

Brooks Pierce on

Health care providers and entities take note: The Department of Justice (DOJ) is increasingly focused on enforcement in the health care space. DOJ has long prioritized health care fraud, but under the prior administration...more

Bass, Berry & Sims PLC

Healthcare Fraud & Abuse Review 2020

Ensuring compliance with the False Claims Act has never been more important for healthcare providers. By March 2020, we saw healthcare professionals standing at the forefront of one of the greatest health crises in a...more

Foley & Lardner LLP

Michigan Supreme Court Decision Spurs Widespread Changes to Government COVID-19 Response: Update for Week of October 5, 2020

Foley & Lardner LLP on

As reported previously, on October 2, 2020 the Michigan Supreme Court invalidated legal authorities relied upon by Governor Gretchen Whitmer to unilaterally extend or declare emergencies in relation to the COVID-19 pandemic....more

Brooks Pierce

Top Officials at Massachusetts Veterans' Home Face Significant Prison Time Based on COVID-19 Outbreak that Occurred on their Watch

Brooks Pierce on

Superintendent Bennett Walsh and former medical director David Clinton of Holyoke Soldiers’ Home in Massachusetts were indicted Sept. 24, 2020, for criminal charges concerning a coronavirus outbreak at the Home that led to...more

Dechert LLP

Clarification of Test for Dishonesty in English Criminal Law: Impact on Complex Fraud Cases

Dechert LLP on

Following the judgment of the English High Court in Serious Fraud Office v Barclays Plc & Another1, prosecutors are aware that they now face a more onerous task when trying to establish corporate criminal liability. However,...more

King & Spalding

In Significant Shift, DOJ Takes Position that Affordable Care Act Is Unconstitutional

King & Spalding on

On Monday, March 25, 2019, the Department of Justice (DOJ) endorsed the decision of a district court judge in the Northern District of Texas that invalidated the entire Affordable Care Act (ACA) as unconstitutional. Texas v....more

Farella Braun + Martel LLP

Kickback Prosecutions Expanding Beyond Drugs and Devices to Care Networks

The DOJ has recently showed some new muscle by applying anti-kickback laws to care facility owners rather than drug manufacturers. The uptick in federal healthcare fraud prosecutions in 2016 has been well-documented, but...more

Baker Donelson

Worthless Services Investigations and Settlements: The Enforcement Trend Continues

Baker Donelson on

In recent years, state and federal governments have shown their willingness to criminally pursue skilled nursing home owners and operators for allegedly administering “worthless” or substandard quality of care to their...more

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