News & Analysis as of

Reversal Qui Tam

McDermott Will & Emery

Recent Litigation Shines Spotlight on Hospital and Physician Group Transactions

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The US Department of Justice recently intervened in an qui tam alleging false and fraudulent claims involving the acquisition of physician practice locations by a health system and subsequent management of the health system’s...more

Holland & Knight LLP

Healthcare Law Update: July 2020

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Thomas Stephenson Winter ex rel. U.S. v. Gardens Reg'l. Hosp. and Med. Ctr., Inc., 953 F.3d 1108 (9th Cir. 2020), the court of appeals reversed a district court order dismissing the plaintiff's qui tam False Claims Act (FCA)...more

Morgan Lewis - Health Law Scan

Mere Differences of Judicial Opinion Emerge to Muddle Healthcare Providers False Claims Act Exposure for Mere Differences of...

In the Care Alternatives False Claims Act (FCA) appeal, a panel of the US Court of Appeals for the Third Circuit on March 4 reversed the summary judgment granted to hospice provider Care Alternatives at the district court,...more

Bass, Berry & Sims PLC

Recent Developments in False Claims Act Pleading Standards

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The Department of Justice (DOJ) recently released its report detailing the settlements and judgments obtained in 2019 from civil cases involving fraud and abuse claims. As in years past, the substantial majority of these...more

Kilpatrick

False Claims Act SCOTUS Update: Supreme Court Rules on False Claims Act Qui Tam Statute of Limitations

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In a recent 9-0 decision issued by the United States Supreme Court (SCOTUS), the Court has set to rest the applicable statutes of limitations for claims brought under the False Claims Act, 31 U.S.C. §3731(b) (FCA). Cochise...more

WilmerHale

Common Physician Compensation Arrangement May Face Increased Scrutiny Under Stark Law

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On September 17, 2019, the Third Circuit Court of Appeals issued a decision with potentially far-reaching implications for healthcare companies and providers facing allegations of violations of the Stark Law. In United States...more

McDermott Will & Emery

Unanimous Supreme Court Ruling Expands Statute of Limitations for Filing Qui Tam Cases

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On May 13, the US Supreme Court (the Court) unanimously ruled in Cochise Consultancy, Inc., v. U.S. ex rel. Hunt that the “government knowledge” statute of limitations under the federal False Claims Act (FCA), §31 U.S.C....more

Arnall Golden Gregory LLP

Supreme Court Settles Debate Over Limitations Period for FCA Relators

On May 13, 2019, the Supreme Court handed down its decision in Cochise Consultancy, Inc. v. United States ex rel. Hunt, wherein it recognized a prolonged statute of limitations for a qui tam relator bringing an action under...more

Foley & Lardner LLP

Supreme Court Maximizes Statute of Limitations for Relators Suing Under the False Claims Act

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Health care providers, government contractors, and others who receive money from the federal government are at greater risk of suit under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq., following the Supreme Court’s...more

Dorsey & Whitney LLP

$34 Million Reversal: First Circuit Overturns Its Precedent and Redirects Relator’s FCA Award to Another

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Earlier this month, the U.S. Court of Appeals for the First Circuit overturned its own precedent to hold the FCA’s first-to-file rule is “non-jurisdictional.” In so doing, the First Circuit flipped the district court’s award...more

King & Spalding

U.S. Supreme Court Holds that FCA Relators can Rely on “Government Knowledge” Statute of Limitations even if the Government does...

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On May 13, 2019, in a unanimous decision, the United States Supreme Court held that even in cases where the government does not intervene in a False Claims Act (FCA) action, a relator is entitled to rely on the portion of the...more

Williams Mullen

Supreme Court Expands the Time for Private Suits Under the False Claims Act

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In Cochise Consultancy Inc. v. United States, ex rel. Hunt, the Supreme Court expanded the time in which False Claims Act (“FCA”) lawsuits may be filed by qui tam relators in which the government does not intervene. The Court...more

Obermayer Rebmann Maxwell & Hippel LLP

Blow a Whistle! New Relator-Friendly Standard Under the False Claims Act

The U.S. Supreme Court has just issued a unanimous decision in the case Cochise Consultancy Inc. et al. v. U.S. ex. rel Hunt (decided on May 13, 2019), that qui tam whistleblowers can invoke the ‘”government knowledge”...more

Bradley Arant Boult Cummings LLP

Supreme Court Recognizes Extended False Claims Act Statute of Limitations for Whistleblowers - Government Enforcement Update

Resolving a circuit split, the United States Supreme Court in Cochise Consultancy, Inc. v. U.S. ex rel. Hunt held that False Claims Act (FCA) whistleblowers are able to take advantage of an expanded statute of limitations,...more

Morgan Lewis

Supreme Court Expands Whistleblower Ability to Bring FCA Cases

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The US Supreme Court issued its decision on May 13 in Cochise Consultancy v. United States ex rel Hunt, unanimously holding that the three-year tolling provision in 31 U.S.C. 3731 (b)(2) applies in favor of relators in...more

Morgan Lewis

Supreme Court Clarifies FCA Statute of Limitations

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In a unanimous decision, the US Supreme Court held on Monday that the three-year False Claims Act (FCA) tolling provision applies in all FCA actions. In Cochise Consultancy, Inc. et al. v. United States ex rel. Hunt, the...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Addresses False Claims Act Statute of Limitations

On Monday, May 14, 2019, the Supreme Court issued a decision essentially expanding by four years the time available for private suits to be brought by relators under the False Claims Act (“FCA”), regardless of whether the...more

Jones Day

Supreme Court Extends False Claims Act’s Statute of Limitations for Non-Intervened Suits

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A case must be filed within either six years of the FCA violation or three years from when the government knew or should have known of the violation. In Cochise Consultancy, Inc. v. U.S. ex rel. Hunt, the Supreme Court...more

Dorsey & Whitney LLP

Supreme Court Settles Circuit Split and Reads the False Claims Act Statute of Limitations Provision Broadly in Boon to Relators

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On May 13, 2019, the U.S. Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18–325, and resolved a circuit split regarding the statute of limitations for an FCA claim brought by a relator...more

Foley & Lardner LLP

Health Care Company Asks U.S. Supreme Court to Find False Claims Act Unconstitutional

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If one appellant has its way, the False Claims Act (FCA) would be gutted by way of its qui tam provisions struck down as unconstitutional by the United States Supreme Court. That is the position taken by Intermountain Health...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Cochise Consultancy, Inc. v. United States ex rel. Hunt

On May 13, 2019, the Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18-315, holding that the limitations period in 31 U.S.C. § 3731(b)(2) applies to False Claims Act (FCA) lawsuits in which...more

Faegre Drinker Biddle & Reath LLP

U.S. Supreme Court Extends Statute Of Limitations for Privately Initiated False Claims Act Lawsuits

On May 13, 2019, the U.S. Supreme Court ruled that the 31 U.S.C. § 3731(b)(2) equitable tolling provision—allowing as much as ten years for the filing of a False Claim Act suit—should be available for private relators as well...more

Mintz - Health Care Viewpoints

FCA Relator and U.S. Weigh in on Defendants' Argument that the FCA is Unconstitutional

As part of our ongoing discussion of the Polukoff False Claims Act (FCA) qui tam case (involving allegations that certain heart procedures performed by a cardiologist, and billed for by two hospital defendants, were not...more

Bass, Berry & Sims PLC

Supreme Court Asked to Review Pleading Standard and Constitutionality of FCA

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On January 14, 2019, Intermountain Healthcare, Inc. and Intermountain Medical Center (Intermountain) filed a petition for writ of certiorari with the U.S. Supreme Court. Intermountain’s petition comes after the U.S. Court of...more

Holland & Knight LLP

Healthcare Law Update: September 2017

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OIG Advisory Opinions - Manufacturer's Free Replacement of Spoiled Pharmaceutical Products Authorized - On Aug. 25, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG)...more

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