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Physicians Insurance Fraud

Tarter Krinsky & Drogin LLP

Law Brief®: Steve Polyakov and Richard Schoenstein Explore Healthcare Agreements

On the latest Law Brief® episode, Steve Polyakov, Partner and Chair of the Healthcare and Pharmacy Law Practice, joins Host Richard Schoenstein to explore New York corporate regulations that prohibit non-physicians from...more

Foley & Lardner LLP

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

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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

Vinson & Elkins LLP

Court Chooses Not to Follow Government Sentencing Recommendations for Opioid Executives: Prison Terms Range From 24 to 66 Months

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This past week, a court sentenced the last of seven Insys Therapeutics, Inc. executives for their roles in an opioid racketeering conspiracy. The court sentenced the company’s founder, John Kapoor, to a five-and-a-half-year...more

Health Care Compliance Association (HCCA)

Addressing 'Deep Fake' Scans Is Critical Amid Tech Advances

Report on Patient Privacy Volume 19, Number 11. November 2019 - “Deep fake” radiology scans - with altered results falsely showing either fake cancerous nodes or a clear scan where the patient actually has cancer - are...more

Troutman Pepper

Eleventh Circuit Says Difference Of Opinion Does Not Establish Falsity In False Claims Act Case

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On September 9, in a setback for AseraCare but an overall win for hospice providers, the Eleventh Circuit affirmed a Northern District of Alabama decision to grant a new trial in a False Claims Act (FCA) case against...more

Carlton Fields

US v. AseraCare: Eleventh Circuit Holds That Contradictory Clinical Judgments Alone Cannot Trigger FCA Liability

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In a long-awaited decision, the Eleventh Circuit concurred with the lower court’s standard for determining falsity under the False Claims Act (FCA) — reasonable disagreement between medical experts alone is not enough to...more

Hogan Lovells

Eleventh Circuit Confirms: Mere Difference of Opinion Between Physicians Does Not Establish Falsity Under the False Claims Act

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More than two years after the Northern District of Alabama granted summary judgment in a False Claims Act (FCA) case in favor of AseraCare Inc., holding that “contradiction based on clinical judgment or opinion alone cannot...more

Patrick Malone & Associates P.C. | DC Injury...

Waste, fraud, and abuse? For health insurers, fat profits matter more

What happens when a whistle blower provides detailed information about a burly Texan — with convictions for felony theft and felony injury of a child — and a burgeoning scam to rip off health insurers for $25 million? Pretty...more

Mintz - Health Care Viewpoints

New Jersey Supreme Court Reminder – Don’t Forget about the Corporate Practice of Medicine

A New Jersey Supreme Court case earlier this summer has New Jersey lawyers re-examining their clients’ business structures under the State’s corporate practice of medicine doctrine....more

Bass, Berry & Sims PLC

Reimbursement Manager Pleads Guilty for Prior Authorization Process Issues

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On Monday, June 19, 2017, Elizabeth Gurrieri became the second former employee of Insys Therapeutics (Insys) to plead guilty to federal anti-kickback charges related to the drug Subsys, an expensive fentanyl-based painkiller....more

Faegre Drinker Biddle & Reath LLP

$4 Million Liability for Bad Legal Advice to a Chiropractor

Allstate Insurance has won a judgment of nearly $4 million against a NY lawyer and Calif. consultant who guided a NJ chiropractor in structuring a medical practice designed to appear to meet the requirements of the state...more

Seyfarth Shaw LLP

A Liar and A Cheat? 3 Ways to Pay...

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Seyfarth Synopsis: Insurer gets to pick its remedy when hospital engages in dishonest billing and illegal kickbacks…to the tune of $41 million. Judge Lynn Hughes of the U.S. District Court for the Southern District of...more

Cole Schotz

A New Arrow in the Quiver for Physicians Facing Dual Civil and Criminal Fraud Investigations

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At a time when doctors face increased pressure from competition, reduced fee schedules, and greater scrutiny from insurance company Special Investigative Units (“SIUs”) and State Office of Insurance Fraud Prosecutors...more

Pullman & Comley, LLC

Health Care Physicians in the Crosshairs: Criminal Prosecution

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Recent changes to our health care system have been at the forefront of the American news cycle for several years. But certain aspects have not received adequate attention. One example is the scrutiny federal and state...more

Akin Gump Strauss Hauer & Feld LLP

Drug Manufacturer’s Liability Under Insurance Frauds Prevention Act May Not Be Inferred From Alleged Kickbacks to Physicians

Three former employees of Bristol Myers Squibb, Inc. (BMS) brought a qui tam action alleging that BMS violated California’s Insurance Frauds Prevention Act, California Insurance Code section 1871.7 et seq. (IFPA), by giving...more

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