News & Analysis as of

Good Faith Healthcare Fraud

Fox Rothschild LLP

New Illegal Opioid Prescription Task Force Signals Medical Professionals Will Continue to be Targets of Criminal Investigations

Fox Rothschild LLP on

On the heels of the Supreme Court decision in Xiulu Ruan v. United States, wherein the Supreme Court held that the government must prove beyond a reasonable doubt that a medical provider knowingly or intentionally acted in an...more

Husch Blackwell LLP

Supreme Court Reaffirms Mens Rea Requirement in Controlled Substance Health Care Fraud Cases and Government Burden to Prove...

Husch Blackwell LLP on

On June 27, 2022, the United States Supreme Court, by a vote of 9-0, overturned the lower circuit courts’ rulings affirming the convictions of two physicians of the unlawful distribution of controlled substances. In Ruan v....more

Foley & Lardner LLP

District Court Allows Derivative Advice of Counsel in Support of Good Faith Defense

Foley & Lardner LLP on

On June 3, 2021, the Northern District of Texas ruled on a novel issue in U.S. v. Hagen (Case No. 3:19-CR-0146-B (N.D. Tex.)). In a health care fraud conspiracy case against DME suppliers, the court held that a good faith...more

Mintz - Health Care Viewpoints

Jury Acquits Former Pharma Exec in One of the First Post-Yates Memo Health Care Fraud Prosecutions

Like many before it, this year has been one to watch in government health care fraud enforcement efforts. In September 2015, the Department of Justice (DOJ) released the “Yates Memo,” which reaffirmed the government’s...more

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