The Second Circuit Court of Appeals recently issued a decision with significant implications for healthcare companies and providers facing allegations of violations of the Anti-Kickback Statute (AKS), 42 U.S.C. §...more
5/24/2024
/ Anti-Kickback Statute ,
Department of Health and Human Services (HHS) ,
False Claims Act (FCA) ,
Former Employee ,
Health Care Providers ,
Intent ,
Pharmacies ,
Relators ,
Safe Harbors ,
Suppliers ,
Willful Misconduct
While the 2022 M&A market was buoyed by deal carryover from 2021 and more conducive market conditions in the first half of the year, the 2023 M&A market felt the impact of the Federal Reserve’s most aggressive interest rate...more
3/22/2024
/ Acquisitions ,
Antitrust Provisions ,
Capital Markets ,
Competition ,
Department of Justice (DOJ) ,
Financial Markets ,
Initial Public Offering (IPO) ,
Mergers ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Takeovers ,
Venture Capital
The U.S. Department of Justice (DOJ) recently announced a rare criminal indictment involving the Medicare Advantage program—a contrast from DOJ’s more typical use of its civil enforcement authority to pursue similar issues...more
11/17/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Cooperation ,
Criminal Prosecution ,
Declination ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Indictments ,
Medicare ,
Medicare Advantage ,
Medicare Advantage Organizations (MAOs) ,
Medicare Part C ,
Voluntary Disclosure
As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more
11/16/2023
/ Admissible Evidence ,
Border Searches ,
Cell Phones ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Electronically Stored Information ,
FBI ,
Fourth Amendment ,
Judge Rakoff ,
Law Enforcement ,
Precedential Opinion ,
Reasonable Suspicion ,
Split of Authority ,
Travelers ,
Warrantless Searches
The Department of Health and Human Services Office of Inspector General (OIG) recently issued an advisory opinion that explored the limits of a relatively new safe harbor to the federal Anti-Kickback Statute (AKS) that aims...more
The Department of Health and Human Services Office of Inspector General (OIG) recently issued an advisory opinion highlighting two important—if easy to overlook—areas that health care companies and providers should remain...more
The U.S. District Court for the District of Massachusetts recently weighed in on the burgeoning court split in False Claims Act (FCA) cases, adopting an approach that puts a higher burden on the government to prove Medicare...more
On October 4, 2023, Deputy Attorney General Lisa Monaco announced a new safe harbor policy that may shield companies from criminal prosecution for misconduct they uncover at companies they are acquiring or have recently...more
10/6/2023
/ Acquisitions ,
Antitrust Division ,
Cooperation ,
Corporate Misconduct ,
Criminal Liability ,
De-Risking ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Guidance ,
Mergers ,
Safe Harbors ,
Self-Reporting
The Centers for Medicare & Medicaid Services (CMS) proposed a rule late last year that would impose standards on healthcare providers and suppliers to report and return overpayments from Medicare that mirror aspects of the...more
In a False Claims Act (FCA) case with implications for the use of business and work visas, the US District Court for the District of New Jersey refused on Tuesday to reconsider or allow an immediate appeal of its prior ruling...more
At the beginning of the year, the Department of Health and Human Services (HHS) issued new Stark Law regulations that affect how physician practices may share profits and that clarify how they may pay productivity bonuses....more
In a case that has implications for companies that utilize US work and business visas, the US District Court for the District of New Jersey recently ruled on two theories under the False Claims Act (FCA) related to the use of...more
When Anming Hu, an engineering professor at the University of Tennessee, Knoxville (“UTK”) was indicted in February 2020 on charges related to his alleged failure to disclose ties to a state-run Chinese university, the case...more
8/6/2021
/ China ,
Colleges ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Dismissals ,
Foreign Nationals ,
Indictments ,
Intellectual Property Protection ,
Medical Research ,
Mistrial ,
NASA ,
National Institute of Health (NIH) ,
Scientific Research ,
Universities
From the day he took office, President Biden began the process of changing the immigration enforcement policies that existed during the Trump Administration. Indeed, the White House has proposed legislation and issued 13...more
The Biden Administration announced that it would delay implementing a new rule promulgated in the waning days of the Trump Administration that would change the long-standing practice of allocating H-1B visas for highly...more
The Trump Administration announced on January 12, 2021 that it has promulgated a new, final rule that will significantly increase the wages that must be paid to holders of H-1B visas for highly skilled workers, though the...more
With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more
1/6/2021
/ Administrative Procedure Act ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Notice and Comment ,
Presidential Proclamations ,
Time Extensions ,
Trump Administration ,
Visas
In recent years, the U.S. Department of Justice has brought an increasing number of cases aimed at combating economic espionage as part of its China Initiative. This effort has included cases against scientific researchers...more
In recent years, the US Department of Justice (DOJ) has brought an increasing number of cases aimed at combating economic espionage as part of its China Initiative. This effort has included cases against scientific...more
Judge Jeffrey S. White of the District Court for the Northern District of California on December 1, 2020, set aside two new rules promulgated by the Trump Administration aimed at significantly curtailing the H-1B visa program...more
12/3/2020
/ Administrative Procedure Act ,
Appeals ,
Department of Homeland Security (DHS) ,
Good Cause ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Interim Final Rules (IFR) ,
New Regulations ,
Notice and Comment ,
Preliminary Injunctions ,
Prevailing Wages ,
Trump Administration ,
Visas
The Department of Homeland Security (DHS) has proposed abandoning its long-standing practice of allocating H-1B visas for highly skilled workers through a random lottery in favor of a system that would give preference to...more
The Department of State (DOS) has proposed changes to policy and regulations governing the use of short-term B-1 visas in an attempt to clarify, and in some cases limit, the use of these visas, which have long been a source...more
On June 22, 2020, President Trump issued a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” that will suspend entry to the United States for H-1B, H-2B,...more
On October 9, 2019, the Department of Health and Human Services (HHS) announced proposals for a number of new and revised exceptions to the Stark Law and safe harbors for the Anti-Kickback Statute (AKS) that are intended to...more
10/15/2019
/ Anti-Kickback Statute ,
Comment Period ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Exceptions ,
Fee-for-Service ,
Health Care Providers ,
OIG ,
Physicians ,
Proposed Rules ,
Safe Harbors ,
Stark Law
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