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Health Criminal Law

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

Brand’s Memo and Dan’s Desk

Last month, then-Associate Attorney General Rachel Brand issued a memorandum to Department of Justice civil lawyers concerning the circumstances under which they may and may not use federal agencies’ “guidance documents” in...more

DOJ Announces Roundtable Series on Competition and Deregulation

The Department of Justice (“DOJ”) Antitrust Division recently announced plans to hold a series of public roundtable discussions to analyze the relationship between competition and regulation, and its implications for...more

DOJ Intervenes in False Claims Act Case Against a Compounding Pharmacy and Private Equity Firm

The Department of Justice (DOJ) recently intervened in a False Claims Act (FCA) case that raises a variety of interesting allegations, including payment of kickbacks by a compounding pharmacy to contracted marketing companies...more

Traveling with Medical Marijuana Across State Lines?

by Jaburg Wilk on

I live in Arizona and I have a medical marijuana card, is it possible to bring medicine from out of state? In recent years, two of Arizona's neighbors (Colorado and California) have changed their laws to allow adults to...more

Episode 27 -- Internal Controls and Enforcement Risks

by Michael Volkov on

The FCPA includes a specific requirement that a public company maintain an adequate set of internal controls.  A company's compliance program is one component of a company's internal controls.  Sarbanes-Oxley expended and...more

New DOJ Guidance Policy Limits Use of Guidance Documents in Federal Civil Actions

On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum on behalf of the U.S. Department of Justice (DOJ) (the “Brand Memo”) which effectively limits the use and enforcement power of guidance...more

Opioid Fraud and Abuse as a Compliance Risk Area

by Ruder Ware on

The opioid epidemic is different than other drug related social problems because, in many cases, addiction to opioids starts in the medical office or in the pharmacy; in most cases through the treatment of legitimate physical...more

Federal Enforcement Actions Continue to Focus on Opioid-Related Misconduct

As we predicted in our year-end post on civil and criminal enforcement trends, 2018 is already off to strong start in opioid-related enforcement against individual providers and associated practices. Earlier this month, the...more

Big Pharma firm, under fire in drug abuse epidemic, scales back opioid’s hype

Purdue Pharma, which built a multi-billion-dollar family empire, in part, by overcoming doctors’ resistance to prescribing powerful painkillers like its own powerhouse OxyContin, has decided to curb its quarter-century of...more

Federal Enforcement Update: Can Again Kicked Down the Road

As we explained in our previous post, the Rohrabacher-Blumenauer Amendment protects against federal enforcement of the Controlled Substances Act with respect to medical cannabis in states that have legalized it. The Amendment...more

Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: January 2018

by Mintz Levin on

Overview of Qui Tam Activity: ..We identified 47 health care-related qui tam cases that were unsealed in August and September 2017. ..Over those two months, the rate of intervention was relatively high — at least 34%. For...more

Two New Department of Justice Memoranda Strengthen False Claims Act Qui Tam Action Defenses

by Cozen O'Connor on

The Department of Justice (DOJ) has recently issued two new memoranda that reflect a sea change in DOJ’s intervention in and enforcement of False Claims Act (FCA) claims. ..On January 25, 2018, the Associate Attorney...more

Cannabis Podcast — Update on Sessions Memo

by Pepper Hamilton LLP on

On January 4, 2018, Attorney General Jeff Sessions issued a memo to all U.S. Attorneys discussing marijuana enforcement. The one-page memo rescinds previous DOJ guidance on marijuana enforcement, and has been seen by some as...more

“Risk Management Lessons From an Opioid Trial”

The use of opioid medications to treat pain is at a watershed moment in the United States. Over the past three decades, opioids have become a standard and effective component of pain management for many practitioners. They...more

Episode 20 -- Data Security and Privacy

by Michael Volkov on

Companies face increasing challenges from management and protection of data from hackers and breaches of sensitive commercial and personal data.  Recent headlines have underscored the threats to companies from such breaches. ...more

Risk, Reward and Pain: Doctor Lessons from An Opioid Trial

Nope. No opioids here. Opioid medications continue to be in the news, as demonstrated by the recent nationwide state attorneys-general investigation. This situation only demands more attention from physicians and other...more

Stethoscopes, Handcuffs and Pain

When does managing pain become a crime? And, what can a healthcare provider do to stay out of trouble in these days of the “opioid epidemic”, new federal legislation and the criminal prosecution of doctors?...more

Electronic Medical Records and Federal Criminal Prosecution

Electronic medical records (or “EMR”) were supposed to be a boon to the provision of healthcare. As two Boston-area physicians point out, EMR are anything but a benefit...more

Pill Mills, Poppy Flowers, Dead Poets and the Human Resources Department

Having been through a seven-week federal criminal “pill mill” trial, I think a lot about enforcement of the Controlled Substances Act and its effect on physicians. Aggressive enforcement effects others in healthcare as well,...more

Corporate Law & Governance Update - December 2017

by McDermott Will & Emery on

Unprecedented 2018 Board Challenges - The health system board should be prepared to address an extraordinary number of significant, enterprise-level challenges that are expected to arise in 2018. These challenges will...more

A Dialogue With Corporate Counsel: Skadden’s Seventh Annual Pharmaceutical and Medical Device Seminar

Panelists examined major enforcement actions from 2017 and identified key trends. Aggressive Enforcement With a Decrease in High-Dollar Settlements. Panelists noted that the Department of Justice (DOJ) continues its...more

K&L Gates Triage: Changes in Marijuana Laws for Health Care Employers

by K&L Gates LLP on

This episode of Triage provides an overview for employers of the current state law landscape and federal enforcement priorities regarding marijuana use for recreational and medical purposes. While marijuana is a controlled...more

Health Update - November 2017

Fraud and Abuse 2017: Understanding Trends and Avoiding Actions - Editor’s Note: In a recent webinar for Bloomberg BNA, Manatt examined game-changing fraud and abuse trends and cases—and revealed strategies for avoiding...more

Physicians in the Bulls-eye

by BakerHostetler on

Several recently reported cases highlight the growing risk physicians face if they succumb to competitive pressures, especially offers of remuneration from labs, pharmacies, home health agencies and other providers to whom...more

Medical Cannabis May Lose Protection in Upcoming Spending Bill

by Garvey Schubert Barer on

All eyes in the medical cannabis industry are watching a December deadline faced by Congress. A short-term funding deal signed into law on September 8 by President Donald Trump not only kept the government running, it also...more

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