News & Analysis as of

False Claims Act (FCA)

Health Care Compliance Association (HCCA)

[Event] 2020 Virtual Compliance Institute - March 30th - April 1st, Nashville, TN

We are excited to bring the healthcare compliance sessions and updates to you as an interactive, online experience. Watch, listen, and ask questions.  Each hour, attendees will be able to select from four concurrent sessions....more

Snell & Wilmer

COVID-19: Meeting Critical Business Operational Needs During Shelter-In-Place Shutdowns

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In response to the COVID-19 pandemic, government authorities at every level are issuing declarations limiting daily activities. The  orders – ranging from specific industry shutdowns to shelter-in-place executive orders – are...more

Foley & Lardner LLP

Anti-Fraud Enforcement in the Coronavirus Era

Foley & Lardner LLP on

In times of crisis, there are heroes, villains, victims, and everyone in between. Amidst the COVID-19 crisis, many valiant efforts are under immense time pressure—to care for the ill, to protect the vulnerable, to find and...more

Goodwin

DOJ Downplays Circuit Split on FCA Deference to Government Dismissals of Whistleblower Actions

Goodwin on

On Wednesday, March 4, 2020, the United States Department of Justice (DOJ) filed a brief with the United States Supreme Court asking the Court to decline review of a case concerning the government’s power to dismiss qui tam -...more

PilieroMazza PLLC

[Webinar] The False Claims Act: 2019 Takeaways and 2020 Trends - April 2nd, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

Please join Matt Feinberg and Jackie Unger—members of PilieroMazza’s FCA Team—on April 2, 2020, at 2:00 PM ET for commentary on potential pitfalls for government contractors who may face enforcement issues in light of...more

Society of Corporate Compliance and Ethics...

Pharmaceutical company pays $54 million in settlement for FCA violation

CEP Magazine (March 2020) - On January 6, Teva Pharmaceuticals agreed to pay $54 million to settle allegations that the company violated the False Claims Act and the Anti-Kickback Statute by providing unlawful compensation...more

Snell & Wilmer

Fraud and COVID-19: Law Enforcement is Acting Now

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The extent of the impact of the COVID-19 pandemic on the Government’s ability to consistently and aggressively regulate, enforce and prosecute violations of the law during this crisis remains to be seen. Thus far, the...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 29, Number 10. News Briefs: March 2020 #2

Report on Medicare Compliance 29, no. 10 (March 16, 2020) - ? Millennium Physicians Association PLLC, which owns two sleep centers in the Houston area, has paid $1,248,964 to settle false claims allegations over sleep...more

Arent Fox

Investigations Newsletter: DOJ Urged to Create Coronavirus False Claims Task Force

Arent Fox on

DOJ Urged to Create Coronavirus False Claims Task Force - On behalf of the National Whistleblower Center and the law firm of Kohn, Kohn and Colapinto, LLP, attorney Stephen Kohn requested the Department of Justice...more

Sheppard Mullin Richter & Hampton LLP

Guard Against False Claims as Massive Government Spending Rolls Out to Combat COVID-19

Federal and state governments are ready to roll out over one trillion dollars in funding in response to the novel coronavirus (COVID-19) pandemic. As past is often prologue, we expect this new round of massive government...more

Bass, Berry & Sims PLC

Escobar’s “Rigorous” Materiality Standard: Recent Developments – Part One

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This is the first post of a two-part discussion of recent developments related to the materiality standard set forth by the Supreme Court in Universal Health Services, Inc. v. U.S. ex rel. Escobar. Our second post will cover...more

Bass, Berry & Sims PLC

Courts Grapple with Causation Requirement in FCA Cases Based on Violations of Anti-Kickback Statute

Bass, Berry & Sims PLC on

Congress amended the Anti-Kickback Statute (AKS) in 2010 to confirm that a claim “resulting from” an AKS violation constitutes a false or fraudulent claim for purposes of the FCA. 42 U.S.C. 1320a-7b(g). However, Congress did...more

Ballard Spahr LLP

False Claims and Coronavirus: Prevent the Spread of Fraud

Ballard Spahr LLP on

On March 16, the National Whistleblower Center (NWC) called on Attorney General William Barr to form a nationwide task force to monitor and investigate False Claims Act (FCA) allegations related to the Covid-19 pandemic....more

Holland & Knight LLP

DOJ and State Government Agencies Focus on Antitrust Violations in Government Procurement

Holland & Knight LLP on

The U.S. Department of Justice (DOJ) has a renewed focus on government contracting and, more specifically, anti-competitive behavior in federal procurement. As mentioned in a prior blog post, the DOJ's Antitrust Division...more

Arent Fox

Investigations Newsletter: National Nursing Home Initiative to Focus on Substandard Nursing Facilities

Arent Fox on

National Nursing Home Initiative to Focus on Substandard Nursing Facilities - On March 3, 2020, Attorney General William Barr announced the launch of the US Department of Justice’s National Nursing Home Initiative. The...more

Mintz - Health Care Viewpoints

Third Circuit Rejects AseraCare’s “Objective Falsity” Requirement, Allows Scrutiny of Medical Opinions in Hospice False Claims Act...

Last week, the Third Circuit joined several other appellate courts in finding that medical opinions related to medical necessity of hospice services can be subject to scrutiny and found to be “false” for purposes of proving a...more

King & Spalding

Third Circuit Rules that Clinical Judgments Are Falsifiable; Can Trigger FCA Liability

King & Spalding on

Last week, the United States Court of Appeals for the Third Circuit held that prognoses of terminal illness submitted in support of hospice claims for reimbursement could be actionable false statements under the False Claims...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Basic Compliance Academy - June 15th - 18th, San Francisco, CA

HCCA's Basic Compliance Academy is a three-and-a-half-day intensive training program focusing on subject areas at the heart of health care compliance practice. Its faculty is made up of experts in the field. Courses are...more

White and Williams LLP

Mere Disagreement or Knowing Falsehood: The Circuit Split on False Claims Act "Falsity"

White and Williams LLP on

On March 4, 2020, the Third Circuit Court of Appeals held in United States ex rel. Druding v. Care Alternatives, No. 18-3298, 2020 U.S. App. LEXIS 6795 (3d Cir. Mar. 4, 2020) that a difference of opinion between a medical...more

Foley & Lardner LLP

Third Circuit Creates Budding Circuit Split in United States v. Care Alternatives, Ruling That “Objective Falsity” Is Not Required...

Foley & Lardner LLP on

The United States Court of Appeals for the Third Circuit ruled last week that whistleblower relators need not show “objective falsity” to prove their claims, and that a dispute among physician experts about a clinical...more

Health Care Compliance Association (HCCA)

Justice Department recovers more than $3 billion from False Claims Act cases in FY 2019

Compliance Today (March 2020) - In January, Assistant Attorney General Jody Hunt of the U.S. Department of Justice’s Civil Division announced that it “obtained more than $3 billion in settlements and judgments from civil...more

McGuireWoods LLP

Value-Based Purchasing and the False Claims Act: Tenth Circuit Finds Falsified Quality Data Immaterial Under Escobar

McGuireWoods LLP on

Last month, the Tenth Circuit upheld a grant of summary judgment in U.S. ex rel. Janssen v. Lawrence Memorial Hospital, 2020 WL 594508 (10th Cir. Feb. 7, 2020), applying the “rigorous” and “demanding” standard of materiality...more

Dentons

Justice Department and Attorney General announce increased focus on nursing home violations

Dentons on

On March 3, The US Department of Justice (DOJ) announced the launch of a National Nursing Home Initiative to coordinate and enhance civil and criminal efforts to pursue nursing homes that provide “grossly substandard care” to...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 29, Number 9. News Briefs: March 2020

Report on Medicare Compliance 29, no. 9 (March 9, 2020) - The U.S. Attorney’s Office for the District of Massachusetts said March 5 it has filed a False Claims Act complaint against SpineFrontier Inc., Impartial Medical...more

Perkins Coie

AseraCare Settlement Ends Medical Judgment False Claims Act Case With a Whimper

Perkins Coie on

The U.S. Department of Justice (DOJ) has reached a settlement with hospice company AseraCare, closing a 12-year-old saga that carries substantial implications for False Claims Act (FCA) enforcement in cases involving a...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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