Fraud, False Claims Act | JD Supra Law News

Think the Government’s Claim Against You Is Time-Barred? Not So Fast!

by Joshua Sherman, Claude Tusk | Dechert LLP on 5/9/2013

When a company understands that the United States Government may have a claim against it, the company’s directors and officers are usually very aware of the applicable statute of limitations and the passage of time. When the...more

CMS Proposes Increased Rewards for Reporting Fraud and Abuse

by Ameena Ashfaq, B. Scott McBride | BakerHostetler on 5/7/2013

The Centers for Medicare and Medicaid Services (CMS) recently published a proposed rule modifying certain provisions in their Incentive Reward Program (IRP) to sweeten the incentives for reporting sanctionable conduct....more

Fourth Circuit Applies the Wartime Suspension of Limitations Act to False Claims Act Relators and Limits the FCA’s First-to-File...

by Ropes & Gray LLP on 4/18/2013

The U.S. Court of Appeals for the Fourth Circuit, in United States ex rel. Carter v. Halliburton Co, et. al (No. 12-1011), recently vitiated two traditional defenses in actions under the False Claims Act (“FCA”). First, the...more

Employee Could Proceed With Whistleblower Claims

by Anthony Oncidi | Proskauer - California Employment Law on 3/28/2013

Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for...more

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

by Connie Bertram, Amy Blackwood | Proskauer - Whistleblowing & Retaliation on 3/18/2013

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

Health Care Enforcement in 2012: A Year in Review

by Hope Foster, Samantha Kingsbury, Tracy Miner, Jessica Sergi, Stephanie Willis | Mintz Levin - Health Law on 2/26/2013

Last year was another busy year in health care fraud enforcement. In 2012, the Office of Inspector General for the Department of Health and Human Services (HHS-OIG) reported total expected recoveries of $6.9 billion from all...more

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

by Anne Cooper, Meredith Duncan, Kara Friedman, Lindsay Kessler, Jason Lundy, Matthew Murer, Hannah Neshek, Chuck Sheets, Kathryn Stalmack, Joseph Van Leer | Polsinelli on 2/22/2013

An Illinois district court jury in United States v. Momence Meadows Nursing Center, Inc. recently issued a verdict on February 11, 2013 imposing $28.1 million in civil penalties on the operators of a nursing home. The nursing...more

The Healthcare Industry And The Voluntary Disclosure Process

by Michael Volkov on 2/21/2013

It is always important to consider how different parts of the government handle voluntary disclosures. The FCPA enforcement initiative has been largely the result of the voluntary disclosure process, and the government...more

Weekly Law Resume - February 7, 2013: Protection for Whistleblowers Extended From Employers to Violations by Third Parties,...

by Pamela Helman | Low, Ball & Lynch on 2/15/2013

Brian McVeigh v. Recology San Francisco et al. Court of Appeal, First District (January 31, 2013) Under the California False Claims Act (“CFCA”), whistleblowers are given protection when they disclose information to...more

Judge Approves Two-Year Delayed Prosecution of WakeMed

by King & Spalding on 2/14/2013

A Federal district court judge issued a February 8, 2013 order granting a delayed prosecution against Raleigh, NC-based WakeMed Health and Hospitals for allegedly submitting false inpatient bills to Medicare. The...more

California Gets Tough on Healthcare Fraud and Abuse: Are You Protected?

by Matthew Chayt | Nossaman LLP on 1/31/2013

The industry should take note of new California anti-fraud laws that have recently gone into effect—and the increasing challenges of compliance in a rapidly transforming industry. Even as lawmakers in Sacramento debate how...more

What To Do If The Feds Come Knocking At Your Door!

by Jacqueline Arango, Ari H. Gerstin, Bruce Platt, Richard Sharpstein | Akerman Senterfitt on 1/18/2013

Your employee handbook likely addresses, in great detail, the do's and don'ts of using the internet while at the office, guidance on HIPAA, and even the company's policy on sexual harassment, but does it provide any...more

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

by Aileen Mcgill | Patterson Belknap Webb & Tyler LLP on 1/17/2013

On December 3, 2012, the United States Court of Appeals for the Second Circuit held that the First Amendment protects pharmaceutical companies who truthfully promote the lawful, off-label use of prescription drugs from...more

A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

by Steve Cave | Womble Carlyle Sandridge & Rice, PLLC on 1/15/2013

Executive Summary: False Claims Act actions against government contractors are on the rise. But two recent decisions offer potential limitations to false claims exposure, and may aid defendants in future FCA litigation....more

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Fraud › False Claims Act

Think the Government’s Claim Against You Is Time-Barred? Not So Fast!

CMS Proposes Increased Rewards for Reporting Fraud and Abuse

Fourth Circuit Applies the Wartime Suspension of Limitations Act to False Claims Act Relators and Limits the FCA’s First-to-File...

Employee Could Proceed With Whistleblower Claims

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

Health Care Enforcement in 2012: A Year in Review

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

The Healthcare Industry And The Voluntary Disclosure Process

Weekly Law Resume - February 7, 2013: Protection for Whistleblowers Extended From Employers to Violations by Third Parties,...

Judge Approves Two-Year Delayed Prosecution of WakeMed

California Gets Tough on Healthcare Fraud and Abuse: Are You Protected?

What To Do If The Feds Come Knocking At Your Door!

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act

Navigating the Provider Self-Disclosure Protocol

False Claims Act Focus - December 2012

Record Healthcare Fraud Recovery Calls for Compliance

An Ounce of Prevention Is Worth a Pound of Cure Why You Need an Effective Compliance Program

Healthcare Prosecutions for Failures to Return Overpayments

Whistleblower Bounties May Encourage Residential Mortgage-Backed Securities Fraud Reporting

Government Teams with Insurance Companies to Combat Healthcare Fraud

GlaxoSmithKline to Pay $3 Billion to Settle Healthcare Fraud Case

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