In this episode, Akin Gump health care partners Kelly Cleary and Robert Salcido discuss the health care industry and how COVID-19 has impacted the industry and affected or driven legislative and regulatory activity.
Among...more
9/22/2020
/ CARES Act ,
Conflicts of Interest ,
Coronavirus/COVID-19 ,
Drug Pricing ,
Enforcement Actions ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Fraud ,
Legislative Agendas ,
Physicians ,
Regulatory Oversight ,
Stark Law ,
Telehealth ,
Telemedicine
• Reasonable disagreement among clinicians, by itself, does not result in a false claim.
• Clinical judgment must be objectively false to constitute an FCA violation.
• A clinical judgment may only be objectively false...more
10/11/2019
/ Billing ,
False Billing ,
False Claims Act (FCA) ,
Federal Contractors ,
Guilty Pleas ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Jury Instructions ,
Medicare ,
Overpayment ,
Physicians ,
Qui Tam ,
Relators ,
Scienter
• Escobar doctrinally and conceptually transformed the FCA.
• Relators and the government have developed strategies to neutralize Escobar.
• Defendants must avoid certain new traps that could enhance their exposure to...more
6/24/2019
/ Department of Justice (DOJ) ,
Dismissals ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Government Agencies ,
Health Care Providers ,
Healthcare Fraud ,
Qui Tam ,
Relators ,
The Granston Memo ,
Universal Health Services Inc v United States ex rel Escobar
• In an unusual move, the government has decided to pursue a False Claims Act (FCA) suit against a private equity firm based on an alleged commission scheme at its pharmacy portfolio company to promote sales of products...more
3/22/2018
/ Anti-Kickback Statute ,
Civil Monetary Penalty ,
Drug Compounding ,
Due Diligence ,
False Claims Act (FCA) ,
Federal Funding ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Investors ,
Medical Reimbursement ,
Patients ,
Pharmaceutical Industry ,
Pharmacies ,
Portfolio Companies ,
Prescription Drugs ,
Private Equity Firms ,
Qui Tam ,
Risk Mitigation ,
Treble Damages ,
TRICARE