On May 16, 2017, the US Court of Appeals for the Fourth Circuit issued a decision in US ex rel. Badr v. Triple Canopy, Inc. In this case, the government had contracted with a private security company to provide guards
FCA Update
Exploring Recent Developments in False Claims Act Litigation, Enforcement and Compliance
The FCA Update blog, published by McDermott Will & Emery, focuses on legal developments related to the False Claims Act and enforcement issues impacting the healthcare industry. It covers topics such as healthcare compliance, government investigations, Medicare payment rules, Stark Law regulations, and litigation strategies. The blog also addresses regulatory guidance, policy changes, and practical implications for healthcare providers and organizations. It serves as a resource for updates on healthcare fraud and abuse laws, enforcement trends, and compliance best practices within the healthcare and life sciences sectors.
Latest from FCA Update - Page 9
A Hospital’s Deserving Stark and AKS Victory—But At What Cost?
This April, providers cheered when a federal district court in the Middle District of Florida found insufficient evidence to support a relator’s theory that a hospital had provided free parking to physicians, in violation of the Stark Law and Anti-Kickback…
Is the Stark Law’s “Signed Writing” Requirement Material to Payment: One Federal Court Says Yes
In a case of first impression, a federal court found that the federal physician self-referral law’s (Stark Law) requirement that financial arrangements with physicians be memorialized in a signed writing could be material to the government’s payment decision. This case…
Third Circuit Affirms Dismissal of FCA Suit against Genentech Based on Supreme Court’s Materiality Standard
On May 1, 2017, the US Court of Appeals for the Third Circuit affirmed the dismissal of United States ex rel. Petratos, et al. v. Genentech, Inc., et al., No. 15-3801 (3d. Cir. May 1, 2017). On appeal from the…
Another District Court Dismisses Improperly Pled Implied Certification Claims
On March 27, 2017, the United States District Court for the Eastern District of Pennsylvania dismissed a False Claims Act (FCA) complaint due to failure to satisfy the Supreme Court’s pleading standards for implied certification claims.
In U.S. ex rel.…
District Court Finds Oregon University Immune to FCA Suit Brought by Federal Government
On April 11, 2017, the US District Court for the District of Oregon sided with the Oregon Health and Sciences University (OHSU), finding that as an arm of the state, OHSU is not subject to liability under the False Claims…
DC Council Introduces False Claims Expansion – Taxpayers Beware!
Last month, a bill (The False Claims Amendment Act of 2017, B22-0166) was introduced by District of Columbia Councilmember Mary Cheh that would allow tax-related false claims against large taxpayers. Co-sponsors of the bill include Chairman Jack Evans…
Relators Denied Permanent Seal on FCA Case Record after Voluntary Dismissal
On March 20, 2017, the US District Court for the Southern District of Mississippi denied a motion to permanently seal the record of previously dismissed False Claims Act (FCA) claims. The three relators, who initially brought the claims in US…
How to Use the New OIG-HCCA Compliance Resource Guide in Your Compliance Program
Released on March 27, 2017, the Compliance Program Resource Guide (Resource Guide), jointly prepared by the US Department of Health and Human Services Office of Inspector General (OIG) and the Health Care Compliance Association (HCCA) reflects the result of a…
New OIG Rules Change Patient Incentive Program Landscape: Where Are the Limits Now?
With health care becoming more consumer-driven, health care providers and health plans are wrestling with how to incentivize patients to participate in health promotion programs and treatment plans. As payments are increasingly being tied to quality outcomes, a provider’s ability…