ArticleBeware the Federal Travel Act in Healthcare Fraud CasesAnother doctor pleaded guilty in the Biodiagnostic Laboratory Services LLC (BLS) test referral scheme in New Jersey. United StatesFood, Drugs, Healthcare, Life SciencesDay Pitney LLP
ArticleBigger Apparently Is Better In DOJ's Eyes – DOJ Piles On As False Claims Act CMPs Set To Almost Double On August 1, 2016Today the Department of Justice published an interim final rule with request for comments that applies an inflation adjustment to civil monetary penalty (CMP) amounts assessed by the Department, as mandated by the Bipartisan Budget Act of 2015. United StatesFood, Drugs, Healthcare, Life Sciences
ArticleCharting The DOJ's Record Breaking Year For False Claims Act EnforcementThe US Department of Justice (DOJ) and whistleblowers were party to a record number of False Claims Act settlements and judgments in fiscal year 2023.United StatesFood, Drugs, Healthcare, Life SciencesGoodwin Procter LLP
ArticleCMS Gains Exclusion Authority: What Healthcare Providers Should Be WatchingThe Trump Administration's recent announcement regarding CMS exclusion authority represents a potentially transformative shift in federal healthcare enforcement. This development could significantly expand the government's capacity to exclude providers from Medicare and Medicaid participation, raising critical questions about how responsibilities will be divided between CMS and OIG. Healthcare organizations with substantial federal program participation face new compliance considerations as enforcement mechUnited StatesFood, Drugs, Healthcare, Life SciencesHolland & Knight
ArticleCourt Dismisses "Qui Tam" False Claims Act ComplaintAs 2013 came to a close, the United States District Court dismissed a complaint filed under the federal False Claims Act and the Anti-Kickback Law – and numerous state and local laws – alleging a kickback scheme associated with hemophilia medication.United StatesFood, Drugs, Healthcare, Life SciencesFox Rothschild LLP
ArticleDepartment Of Justice 2018 In ReviewPolicy Shifts at the Department of Justice – 2018 in Review provides an easily navigated yet detailed summary of significant developments at the Department of Justice (DOJ) focusing on fraud and abuseUnited StatesFood, Drugs, Healthcare, Life SciencesSquire Patton Boggs LLP
ArticleDOJ Says Noncompliance With Manuals Is Not Enough For Prosecution – Or Is It?In December 2018, the Department of Justice (DOJ) formalized its position on limiting the use of guidance documents issued by federal agencies to govern its prosecution decisions.United StatesFood, Drugs, Healthcare, Life SciencesDay Pitney LLP
ArticleExcluded Physician Not Precluded From Collecting Pre-Exclusion Receivables According To OIG Advisory OpinionThe Advisory Opinion was requested by a physician who was excluded for 20 years from Medicare participation as part of a a criminal plea and settlement of a civil False Claims Act settlement. United StatesFood, Drugs, Healthcare, Life SciencesFox Rothschild LLP
ArticleFalse Claims Act Case May Continue Against Medicare Advantage InsurerIn United States ex rel. Benjamin Poehling v. UnitedHealth Group, Inc. et al., Case No. CV 16-08697 (C.D. Cal. Feb. 18, 2018), the court dismissed only half of the claims in a qui tam case...United StatesFood, Drugs, Healthcare, Life SciencesHolland & Knight
ArticleFollowing Input On Stark Law Changes, CMS Evaluating Anti-Kickback ChangesOn the heels of the end of the comment period for input on reducing the regulatory burdens of the Physician Self-referral Law (also known as the "Stark Law") on August 24, the Department of Health and Human Services, ...United StatesFood, Drugs, Healthcare, Life SciencesDay Pitney LLP
ArticleHHS Finalizes New Protections Under The AKS And Stark Law For Value-Based Arrangements And Other Significant Revisions To Modernize Fraud And Abuse RulesOn Friday, November 20, 2020, the Department of Health and Human Services (HHS) released four significant Final Rules, including the Office of Inspector General (OIG) rule:United StatesFood, Drugs, Healthcare, Life SciencesArnold & Porter
ArticleJustice Department Doubles Penalties for Healthcare FraudIn June 30, the U.S. Department of Justice (DOJ) released an interim final rule that implements provisions of the Bipartisan Budget Act of 2015 (Act) which updated civil monetary penalties assessed or enforced by the DOJ that had not been changed for years. United StatesFood, Drugs, Healthcare, Life SciencesDay Pitney LLP
ArticleLaboratories Compensating Physicians For Ordering Tests Under InvestigationHealth Diagnostic Laboratory in Virginia and several other labs are under investigation by the Office of Inspector General and Justice Department.United StatesFood, Drugs, Healthcare, Life SciencesMcGuireWoods LLP
ArticleLatest FCA Settlement Involving Massachusetts Lab Highlights Federal/State CooperationLate 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 industryUnited StatesFood, Drugs, Healthcare, Life SciencesFoley Hoag LLP
ArticleNurses Hit Hardest by Medicare and Medicaid ExclusionsA July 19 article in Bloomberg BNA's Health Care Fraud Report and other publications, "Nurses Hit Hardest by Medicare and Medicaid Exclusions," discussed the exclusion of nurses and physicians from participation in the Medicare and Medicaid programs. United StatesFood, Drugs, Healthcare, Life SciencesDay Pitney LLP
ArticleOffice Of Inspector General Advisory Opinion Addresses Hospital Management ServicesThe Office of Inspector General (OIG) of the Department of Health and Human Services posted an Advisory Opinion today addressing a hospital system's proposal to lease administrative employees...United StatesFood, Drugs, Healthcare, Life SciencesFox Rothschild LLP
ArticleOIG Fraud Alert Cautions Against Sham Medical Director ArrangementsThe HHS OIG recently issued a brief fraud alert reminding physicians that inappropriate compensation arrangements may lead to enforcement actions under the federal anti-kickback statute and Civil Monetary Penalties Law. United StatesFood, Drugs, Healthcare, Life SciencesBakerHostetler
ArticleOIG Fraud Alert Warns About Physician Compensation ArrangementsOn June 9, the Office of Inspector General of the U.S. Department of Health and Human Services issued a fraud alert regarding the risk of liability to physicians arising out of legitimate compensation arrangements...United StatesFood, Drugs, Healthcare, Life SciencesDay Pitney LLP
ArticleOIG Issues Annual Solicitation of Suggestions for New Fraud Alerts, Anti-Kickback Safe HarborsThe Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) is inviting public recommendations for new or modified safe harbor provisions under the federal anti-kickback statute.United StatesFood, Drugs, Healthcare, Life SciencesReed Smith
ArticlePharmacists Involved In Fungal Meningitis Outbreak Charged With Second Degree MurderThis week, the U.S. Department of Justice indicted 14 owners and senior officials of a Massachusetts pharmacy that manufactured and distributed contaminated drugs that killed 64 people in a 2012 fungal meningitis outbreak.United StatesFood, Drugs, Healthcare, Life SciencesJones Day