The Centers for Medicare & Medicaid Services (CMS) recently published updated data regarding settlements made under the Voluntary Self-Referral Disclosure Protocol (SRDP), an important mechanism through which providers may disclose actual or potential violations of the federal physician self-referral prohibition
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False Claims Act Settlements to Know from Q2 2023
There have been several noteworthy False Claims Act (FCA) settlements in the second quarter of 2023.
Controlled Substances Act and False Claims Act Collide
The United States recently intervened in a False Claims Act lawsuit accusing Rite Aid of defrauding federal healthcare programs by seeking reimbursement for opioids the pharmacy allegedly dispensed in violation of the Controlled Substances Act.
Government Scrutiny of COVID-19 Relief Funds
We authored an article published in the June 2023 issue of the American Bar Association’s (ABA) Health Lawyer addressing government scrutiny of COVID-19 relief funds.
Supreme Court Upholds Broad Government Authority to Dismiss Qui Tam False Claims Act Lawsuits
On June 16, the U.S. Supreme Court issued its opinion in U.S. ex rel. Polansky v. Executive Health Resources, a closely watched case about the government’s power to dismiss a False Claims Act (FCA) qui tam lawsuit over a relator’s
Supreme Court Rejects Safeco, Holds that FCA Scienter Turns on Defendant’s Subjective Belief
On June 1, the U.S. Supreme Court unanimously refused to apply the Safeco objective knowledge standard to the False Claims Act (FCA), holding instead in U.S. ex rel. Schutte v. Supervalu Inc. that the FCA’s scienter element turns on a
Register Now: The Supreme Court and the False Claims Act Webinar
Please join us on Thursday, July 13 at 12pm CT as we examine how False Claims Act cases ended up before the Supreme Court, the Court’s analysis of these cases, and the lasting impact that these opinions will have for
Impact of Anti-Kickback Statute on Its 50th Anniversary
We were each quoted in a Law360 article examining the status of the Anti-Kickback Statute (AKS) on the 50th anniversary of the law’s passing, and offered our perspective, informed by both our practices advising healthcare providers on AKS issues and
False Claims Act Fundamentals: Statute of Limitations
Previous False Claims Act (FCA) Fundamentals posts have focused on the primary elements of an FCA claim, including falsity, materiality, scienter, and damages.
Recent False Claims Act Decisions to Know
In this post, we summarize noteworthy False Claims Act (FCA) decisions so far from 2023.