An Ohio Court of Appeals recently weighed in on the proper protocols one must take in order to successfully assert one’s Fifth Amendment Constitutional Right against self-incrimination in relation to a discovery request in a civil case that may have
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 9
DOJ and Aerojet Settle for $9 Million in Qui Tam Cybersecurity False Claims Act Case
On July 8, 2022, the U.S. Department of Justice announced a $9 million
settlement with federal government contractor Aerojet Rocketdyne, Inc. for
alleged violations of the False Claims Act in a case pending in the Eastern
District of California. The…
CMS Considers Streamlined Physician Group Stark Law Self-Disclosures
The Centers for Medicare & Medicaid Services recently announced an opportunity for public comment on its voluntary self-referral disclosure protocol (SRDP). The voluntary SRDP is a way to resolve technical violations under the physician self-referral law (commonly known as the…
Supreme Court Signals Interest in Clarifying Pleading Requirements in False Claims Act Suits
The Supreme Court (Court) will soon decide whether to take up a critical (and long-running) issue concerning applicability of Federal Rule of Civil Procedure 9(b) pleading standards in False Claim Act (FCA) suits. To satisfy Rule 9(b)’s particularity requirement for…
OIG Permits Healthcare Organization’s Smartphone Loan Program For Telehealth Services
On April 22, 2022, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a favorable advisory opinion (no. 22-08) (the “Advisory Opinion”) approving a healthcare organization loaning smartphones to promote telehealth care that it provides…
OIG Approves Physician-Owned Medical Device Company With Several Safeguards
By Timothy Fry
California Court: Fair Market Value Payments May Not Avert Anti-Kickback Liability
By Timothy Fry
In February 2022, the U.S. District Court for the Central District of California denied a defendant’s motion to dismiss a qui tam action alleging that the defendant had violated the federal Anti-Kickback Statute (AKS). In its ruling, the court noted…
District Court Adopts Middle of the Road Approach in Determining Causation in Anti-Kickback Statute-Based False Claims Act Case
The U.S. District Court for the District of Maryland recently weighed in on the appropriate causation standard when evaluating whether a claim “result[s] from” a violation of the Anti-Kickback Statute sufficient to constitute a false or fraudulent claim for purposes…
COVID Nursing Home Patient Safety Failures Not Actionable under FCA in New York
By Timothy Fry & Brett Barnett
In Conte v. Kingston NH Operations LLC, 2022 U.S. Dist. LEXIS 21686, *1, 2022 WL 356753, a New York District court granted a defendant’s motion to dismiss an employee’s false claims allegations under the False Claims Act (the “FCA”) and…
District Court finds that AKS Violations are Per Se Material
By Brett Barnett & Timothy Fry
Last month, the Central District of California granted the government’s affirmative motion for partial summary judgment in U.S. v. Reliance Medical Sys., 2022 WL 524062 (C.D. Cal. Feb. 2, 2022). The Reliance Medical case involved an FCA action based on…