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Government Investigations Team Insights - July 2024

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Eighth Circuit Says “But For” Causation Required in False Claims Act Case Based on an Alleged Anti-Kickback Violation

On July 26, 2022, the Eighth Circuit raised the bar for plaintiffs seeking to allege a violation of the False Claims Act (“FCA”) predicated on the Anti-Kickback Statute (“AKS”). Under this decision, the plaintiff must prove...more

COVID-19 Pet Boom Puts Spotlight on Veterinary Investment Opportunities

More than 23 million American households — nearly 1 in 5 nationwide — adopted a pet during the COVID-19 pandemic, according to the American Society for the Prevention of Cruelty to Animals (ASPCA). The increasing rates of pet...more

DOJ National Health Care Fraud Enforcement Action Results in Charges Involving Over $1.4 Billion in Alleged Losses

On Friday, September 17, 2021, the Department of Justice announced criminal charges against 138 defendants, consisting of 42 doctors, nurses, and other medical professionals in 31 federal districts across the United States....more

Medicare Providers Receive No Interim Relief from Recoupment Despite “Colossal Backlog” of Appeals for Substantive Claims

On March 15, 2020, the Fifth Circuit issued an unpublished decision holding that a provider facing recoupment during the course of a Medicare claims appeal could not obtain federal question jurisdiction under 28 U.S.C. § 1331...more

Should You Keep the Medicare Provider Relief Funds and If So, What are the Compliance Risks?

On April 10, 2020, the Department of Health and Human Services (DHHS) released the first $30 billion portion of the $100 billion stimulus fund intended to provide financial relief to healthcare providers during the COVID-19...more

Ninth Circuit Rejects “Objective Falsehoods” Standard and Finds that False Certification of Medical Necessity May Give Rise to FCA...

On March 23, 2020, the Ninth Circuit rejected the conclusion that a mere difference in clinical judgment is insufficient to show “objective falsity.” In issuing this decision, Ninth Circuit joined the Fifth, Tenth, and Third...more

DOJ Announces $20 Million Settlement of False Claims Act Allegations Regarding Kickbacks and Unnecessary Spinal Surgeries

On October 28, 2019, the Department of Justice announced a $20.25 million settlement of False Claims Act (FCA) allegations. ...more

U.S. House of Representatives Committee Proposes Ban of Surprise Medical Bills

On May 13, 2019, the U.S. House of Representatives Energy and Commerce Committee proposed draft legislation banning surprise medical bills, also known as balance bills, through a cap on any out-of-network charges. ...more

Tracking the Docket for Challenges to Medicare Post-Payment Review

With the introduction of RACs, ZPICs, and UPICs, the administrative process for Medicare payment disputes has resulted in three to five year delays in adjudicating claims while providers are faced with almost certain...more

Tampa Physician Sentenced to Prison for Obstructing Medicare Audit

On Friday, September 14, 2018, U.S. District Judge Steven Merryday for the Middle District of Florida sentenced Dr. John Janick of Port Charlotte to five months in prison and three years of supervised release, plus...more

Don’t Blame the Dentists: Medicaid Fiscal Agent Contractor on the Hook for Paying Back One Billion in Bad Claims

On June 22, 2018, a years-long dispute culminated with the Texas Supreme Court finding that Healthcare Partnership, a subsidiary of Xerox, the former fiscal agent contractor for the Texas Medicaid program, was solely...more

Bill Seeks to Increase Civil Monetary Penalty Authorized by Georgia’s Medicaid False Claims Act

On January 22, 2018, Senate Bill 321, sponsored by Sen. Blake Tillery (R-Vidalia), was heard in Georgia’s Senate Committee on Judiciary. This bill seeks to increase the amount of civil monetary penalties for false or...more

“Traps, Zaps, and Zingers:” District Court Overturns $350 Million False Claims Act Jury Verdict for Want of Materiality

On January 11, 2018, the United States District Court for the Middle District of Florida set aside a nearly $350 million False Claims Act (FCA) jury verdict rendered in February 2017 against a group of fifty-three skilled...more

Early Victory: Judge Dismisses Qui Tam Suit Against UnitedHealthcare

On October 5, 2017, in United States of America ex rel. Swoben v. Scan Health Plan, et al. (“Swoben”), Judge John F. Walter of the United States District Court for the Central District of California granted United Health...more

CMS Unveils Hospice Compare Website

On August 16, 2017, the Centers for Medicare and Medicaid Services (CMS) released the Hospice Compare website. This website joins a variety of other CMS “Compare” websites – including Inpatient Rehabilitation Facility...more

AGG Food & Drug Newsletter - August 2017

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Largest Health Care Enforcement Action in Department of Justice History

On July 13, 2017, the Department of Justice, in conjunction with the Department of Health and Human Services, announced the largest series of health care charges in American history. The government charged 412 individuals,...more

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