On March 12, the U.S. Court of Appeals for the Second Circuit issued an important decision that sheds light on the test for determining scienter under the federal Anti-Kickback Statute (AKS).
Inside the False Claims Act
Inside the False Claims Act, published by Bass, Berry & Sims PLC, focuses on legal developments and enforcement trends related to the False Claims Act (FCA). The blog covers topics such as healthcare fraud, procurement fraud, government investigations, whistleblower litigation, and regulatory compliance. It provides analysis of significant FCA settlements, court rulings, and government enforcement initiatives, including issues involving Medicare, Medicaid, and federal contracting. The blog also addresses related statutes like the Anti-Kickback Statute and the Eliminating Kickbacks in Recovery Act, offering insights into risk mitigation and defense strategies for companies and healthcare providers subject to FCA scrutiny.
Latest from Inside the False Claims Act - Page 10
Drug Diversion within Long-Term Care Industry
In a recent McKnight’s Long-Term Care News article, we discussed heighted scrutiny within the long-term care industry related to drug diversion and compliance with the Controlled Substances Act (CSA). Healthcare organizations, and not just diverting employees, are more often being…
Download Now – 12th Annual Healthcare Fraud & Abuse Review
Bass, Berry & Sims is pleased to announce the release of the 12th annual Healthcare Fraud & Abuse Review examining important healthcare fraud developments in 2023.…
DOJ Releases Annual Civil Fraud Recovery Statistics and Results…A Look Behind the Numbers
On February 22, the Department of Justice (DOJ) released its annual report of civil fraud recoveries for FY2023, along with a press release highlighting DOJ’s civil enforcement efforts. …
District Court Finds that $487 Million False Claims Act Judgment Violates Eighth Amendment
On February 8, the U.S. District Court for the District of Minnesota ruled that a $487 million False Claims Act (FCA) damages award entered last year against Precision Lens and its co-founder violated the Eighth Amendment’s prohibition on excessive fines…
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Second Circuit Rejects Insufficient Service-of-Process Argument, Adopts Relator-Friendly Rule
On November 28, the U.S. Court of Appeals for the Second Circuit held that the service-of-process clock for a False Claims Act (FCA) qui tam complaint begins to run when the district court orders the complaint to be served, not…
False Claims Act Decisions to Know from Q3 2023
Below are noteworthy False Claims Act (FCA) decisions from the third quarter of 2023.…

