Recent years have seen eye-popping judgments and settlements involving cases brought under the federal False Claims Act (FCA) and federal Anti-Kickback Statute (AKS). And healthcare companies have, unsurprisingly, focused...more
The federal False Claims Act (FCA) is widely regarded as a powerful tool to punish fraud against the federal government. Since 1986, the federal government has recovered more than $75 billion from FCA settlements and...more
On February 1, North Carolina Attorney General Josh Stein announced that his Medicaid Investigations Division reached a $500,000 settlement with Joint Active Systems, Inc. (JAS). The AG’s Medicaid Investigations Division...more
California Attorney General Rob Bonta, in partnership with the Department of Justice, announced two settlements with providers for Medi-Cal (California’s Medicaid program), following allegations under state and federal false...more
In this article, the author discusses a recent decision by a federal district court in New York that demonstrates the potential benefits of working with the New York State Tax Department to resolve qui tam claims, even where...more
In 2020, two Las Vegas communications consultants brought a lawsuit against a group of top online booking companies. The complaint alleges that the defendant travel companies avoided paying hundreds of millions of dollars in...more
Last week, DOJ and HHS-OIG published its annual report regarding the Healthcare Fraud and Abuse Control (HFAC) Program (the Report). The Report summarizes the enforcement activity of DOJ and HHS and states that during Fiscal...more
Take Away: California has recovered over $2 billion under the State’s False Claims Act since 2001, according to data obtained from the State Attorney General’s Office. ...more
The Connecticut General Assembly was heading toward including taxation in the expansion of the state’s False Claims Act, Conn. Gen. Stat. § 4-274, et seq. (the “FCA”) via Senate Bill 426. Expansion of the FCA is laudable to...more
Takeaway: Over ten years, the Maryland False Health Claims Act has returned $160M to the State. This Digest summarizes each of the 173 matters reported under the Act from 2011 through 2021....more
In this edition of Faegre Drinker’s State Attorneys General Update, we discuss: • The Ohio AG’s $80 million PCB settlement with Monsanto ...more
Within days of gaveling in the 2022 Colorado legislative session, a coalition of state leaders introduced a bill to create the Colorado False Claims Act (the “CFCA”). The brainchild of Attorney General Phil Weiser, the CFCA...more
Takeaway: From 2018 to 2020, the New York False Claims Act yielded an impressive $216,936,354 in recoveries and returned $130,161,812 to New York State’s Medicaid Program....more
LABOR & EMPLOYMENT - Court Enjoins Vaccine Mandate Nationwide: The Practical Implications for Federal Contractors - On December 7, 2021, the United States District Court for the Southern District of Georgia (District Court)...more
On October 28, 2021, a majority of members on the Senate Judiciary Committee voted 15-7 to advance to the full U.S. Senate a bipartisan bill that would make a number of amendments to the federal False Claims Act (FCA). These...more
The Supreme Court of the State of New York for New York County dismissed a lawsuit brought by the state attorney general (“AG”) under the New York State False Claims Act alleging that a company made “reverse false claims” by...more
Takeaway: Based on data reported by the State Attorney General, New Jersey’s False Claims Act (NJFCA) has been a legislative success. Between 2010 and 2019, the State netted $147 million under the NJFCA, while relators...more
COVID-19- Selling Nonexistent PPE Is Not a Good Business Plan- •New York AG Letitia James reached a settlement with medical supply company Borgese Holdings, Inc. d/b/a IMPACT Medical & Surgical Solutions and its owner...more
A United States District Court (E.D. CALIF.) (“Court”) addressed in a June 9th Memorandum and Order a request for damages related to a solar energy services agreement and easement (“Agreement”). See Enfinity Central Val 2...more
California’s Attorney General, Xavier Becerra, and Assembly Member Mark Stone have again advanced legislation that would amend the California False Claims Act (CFCA) to enlist private bounty hunters to go after California...more
Banks, insurers and other financial services companies, as well as other companies holding unclaimed property, are automatically liable for interest that accrues on unclaimed property held by them in New York, without having...more
DOJ News - Inpatient Rehabilitation Company Agrees to Pay $48 Million to Resolve FCA Allegations - DOJ announced that Encompass Health Corporation (f/k/a HealthSouth Corporation), the nation’s largest operator of...more
Late last month the U.S. Attorney’s Office for the District of Connecticut issued a press release regarding the latest False Claims Act (FCA) settlement involving the healthcare industry in New England. According to the...more
On January 17, 2018, the New York/New Jersey Port Authority enacted its own vigorous False Claims Policy that punishes contractors who intentionally make material false statements about work they performed or goods they...more
A federal court recently dealt a victory to a health care provider over whistleblower allegations that free parking and valet service at a medical office building violated the Stark Law and the Anti-Kickback Statute....more