A recent decision from the United States District Court for the District of Columbia continues to give significant deference to the U.S. Department of Health and Human Services’ (HHS) interpretation of the Anti-Kickback and...more
5/2/2025
/ Advisory Opinions ,
Anti-Kickback Statute ,
Appeals ,
Beneficiary Inducement ,
Biotechnology ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Healthcare Fraud ,
Judicial Authority ,
Litigation Strategies ,
OIG ,
Pharmaceutical Industry ,
Statutory Interpretation
On February 18, 2025, the First Circuit Court of Appeals issued its decision in U.S. v. Regeneron Pharmaceuticals, ruling that the Anti-Kickback Statute (“AKS”) requires the government to prove that an AKS violation was the...more
On January 8, 2025, Governor Maura Healey signed House Bill 5159 into law, toughening the rules and increasing the risks for private equity (PE) companies, real estate investment trusts (REITs), and management services...more
2/5/2025
/ Compliance ,
False Claims Act (FCA) ,
Healthcare ,
Healthcare Fraud ,
Investors ,
New Regulations ,
Popular ,
Private Equity ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
REIT ,
Reporting Requirements ,
Risk Management
We kick off our annual Year in Preview series with a comprehensive look at health care fraud enforcement in 2025. This post proceeds in three parts. First, we explore what the second Trump administration might bring, looking...more
1/13/2025
/ Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Actions ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
Healthcare Fraud ,
Medicare ,
Medicare Advantage ,
White Collar Crimes
Courts continue to reject aggressive Anti-Kickback Statute (“AKS”) allegations. Most recently, on January 6, 2025, Judge Patti Saris of the U.S. District Court for the District of Massachusetts dismissed a qui tam action...more
1/8/2025
/ Anti-Kickback Statute ,
Causation ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare ,
Healthcare Fraud ,
Medicare ,
Statutory Interpretation ,
Summary Judgment ,
Whistleblowers ,
White Collar Crimes
There was a noteworthy False Claims Act (FCA) settlement made public yesterday out of the Eastern District of California involving Oroville Hospital. The government accused the Hospital of submitting false claims to Medicare...more