The Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) is accepting public proposals for new or modified safe harbor provisions under the Federal Anti-Kickback Statute, as well as recommendations for new Special Fraud Alerts.
The FCA Insider
Insights and updates on False Claims Act Litigation
The FCA Insider, published by McGuireWoods LLP, focuses on legal developments and compliance issues related to healthcare fraud and abuse, particularly under statutes like the False Claims Act, Anti-Kickback Statute, and the Eliminating Kickbacks in Recovery Act (EKRA). The blog covers enforcement actions, regulatory guidance, and court decisions affecting healthcare providers, payors, and related entities. Topics include Medicare and Medicaid billing practices, fraud investigations, compliance risks in remote patient monitoring, marketing and referral arrangements, and settlements involving healthcare providers. It also addresses the implications of government audits and whistleblower actions in the healthcare sector.
Latest from The FCA Insider - Page 3
OIG Issues Remote Patient Monitoring Report: Billing Pitfalls and Compliance Risks
On August 25, 2025, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) issued a report analyzing Medicare billing practices for remote patient monitoring (“RPM”) services during 2024. As RPM technologies have matured and become more…
Marketing, Misconduct and Healthcare: Ninth Circuit Issues First EKRA Appellate Ruling
On July 11, 2025, in United States v. Schena, the U.S. Court of Appeals for the Ninth Circuit issued the first appellate decision interpreting the Eliminating Kickbacks in Recovery Act (“EKRA”). The decision marks a significant development in EKRA’s enforcement,…
Seventh Circuit Allows Percentage-Based Marketing Relationship
$18.5 Million DOJ Settlement On Free Housing For Substance Abuse Patients
On June 26, the Department of Justice announced an $18,500,000 settlement agreement with NUWAY Alliance (NUWAY), a substance use disorder treatment clinic, arising out of medical necessity and kickback allegations. The complaint, filed first in 2021 by a whistleblower and…
Defense Contractor, Private Equity Firm to Pay $1.75M to Settle FCA Allegations Regarding Cybersecurity Violations
On July 31, 2025, the U.S. Department of Justice announced a $1.75 million False Claims Act (FCA) settlement with Aero Turbine, a California-based defense contractor, and private equity firm Gallant Capital Partners. The settlement arises out of allegations that Aero…
DOJ Targets Remote Patient Monitoring Company in $1.29M FCA Settlement
Remote patient monitoring (“RPM”) continues to see increased growth and evolution. With that industry growth, the government has begun to examine whether certain RPM models may have fraud and abuse concerns when others will not. To that end, on June…
DOJ and HHS Reestablish False Claims Act Working Group, Delineate Healthcare Enforcement Priorities
On July 2, 2025, the U.S. Department of Justice (DOJ) and U.S. Department of Health and Human Services (HHS) announced the reestablishment of the DOJ-HHS False Claims Act Working Group. Originally formed in December 2020 at the tail end of…
OIG Approves Multi-MSO Telehealth Arrangement That Meets AKS Safe Harbor
Healthcare Fraud Enforcement in a Second Trump Administration: Trends, Priorities, and Implications
On May 12, 2025, the U.S. Department of Justice’s Criminal Division released a policy memorandum outlining its enforcement priorities for the upcoming year. The top priority for the division will be investigating and prosecuting white collar crimes related to waste,…
