In August, Assistant Attorney General Colin McDonald issued a memorandum (the “Memo”) announcing the enforcement priorities of the National Fraud Enforcement Division (also known as NFED), which the U.S. Justice Department (DOJ) established in April of this year.[1]
Latest from Rivkin Rounds
“Stop Corporate Takeovers of Physicians Act”: Federal Bill Targets Corporate Control of Physician Practices and MSO Arrangements
A newly introduced federal bill aimed at prohibiting the corporate practice of medicine, titled the “Stop Corporate Takeovers of Physicians Act,” was introduced on September 16 by several Democratic lawmakers in the Senate and House. The bill would
11th Circuit Court of Appeals Joins Sister Circuits in Holding FCA Constitutional
Earlier this month, the 11thh Circuit Court of Appeals joined the 5th, 6th, 9th and 10th Circuits in holding that the qui tam provisions of the False Claims Act (FCA) do not violate the Appointments Clause of the United States
Private Equity Dealmaking Slows in 2026
We have been reporting regularly on the increasing role that private equity has been playing in the healthcare industry and the oversight initiatives that a number of states have taken to address certain concerns resulting from this trend.
In a
NY Ophthalmology Practices to Pay $2.3 Million to Resolve FCA Claims
Two Long Island ophthalmology practices have agreed to return $2.3 million in payments from state and federal government programs based on the ordering of unnecessary trans-cranial doppler ultrasounds (TCDs). The lawsuit brought by a whistleblower under the False Claims Act
Kaiser to Present on Navigating Legal Challenges in Drug and Device Industries
On September 17, Rivkin Radler’s Jeff Kaiser will participate on a panel at the Practising Law Institute (PLI) “Life Sciences 2026: Navigating Legal Challenges in Drug and Device Industries” program in New York City. The panel is entitled “Enforcement Trends
NY Medicaid Revalidation and Enrollment Moratorium: Immediate Planning Considerations for Providers
New York Medicaid providers should prepare now for significant changes in provider enrollment oversight. The New York State Department of Health (DOH), following direction from the Centers for Medicare & Medicaid Services (CMS), will require every Medicaid-enrolled provider in New
With Its Medicaid Program Under Federal Scrutiny, NY Adopts Measures to Boost Anti-Fraud Efforts
With the New York Medicaid Program facing scrutiny by the U.S. Department of Health and Human Services (HHS) for a perceived lack of oversight and compliance integrity involving certain types of providers (including personal care and home health providers), the
OIG Advisory Opinion: “Food-as-Medicine” Program Presents Low Fraud and Abuse Risk
The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) recently issued Advisory Opinion 26-16, concluding that the “food-as-medicine” program operated by a federally qualified health center, which provides weekly produce boxes or vouchers paired with
FTC and States Sue Hims & Hers Over Privacy and Billing Practices
The Federal Trade Commission (FTC), joined by the States of California and Utah, has filed a lawsuit against telehealth company Hims & Hers, alleging that the company engaged in deceptive privacy, billing, and subscription practices. According to the lawsuit, Hims