Key Points
- Recently three circuit courts have considered when opinions can be false under the FCA.
- Although the circuits disagree regarding whether plaintiff must establish “objective falsity” to assert an FCA...more
11/24/2020
/ Common Law Test ,
Corporate Counsel ,
False Claims Act (FCA) ,
Material Misstatements ,
Objective Falsity ,
Omnicare ,
Omnicare v Laborers District Council ,
Physicians ,
Securities and Exchange Commission (SEC) ,
Stark Law ,
Statement of Opinion
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
Key Points:
- False Claims Act plaintiff cannot use discovery to satisfy Fed. R. Civ. P. 9(b).
- Payment of fair market value is a dispositive defense in FCA actions alleging a violation of the Anti-Kickback...more
1/28/2020
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Discovery ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
FRCP 9(b) ,
Health Care Providers ,
Medicaid ,
Medicare ,
Qui Tam ,
Relators ,
Rulemaking Process ,
Stark Law ,
Whistleblowers
I. Stark Law and False Claims Act -
The FCA has become the primary enforcement vehicle for the Ethics in Patient Referrals Act, better known as the Stark Law. There are now more than 150 public cases citing to both the...more