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Proposed Changes to the Anti-Kickback Statute, Stark Law and Civil Monetary...

On October 9, the Department of Health and Human Services (HHS) released proposed rules (the Proposed Rules) aiming to update the Anti-Kickback Statute (the AKS), Stark Law and Civil Monetary...

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Fraudulent Cardiologist Was Very Busy

 Suspicious of the practices of one of its cardiologists, a hospital hired an independent expert to investigate. The expert examined records of 12 patients but “could not find support in any of the...

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Healthcare Drives False Claims Act Recoveries

Once again, healthcare leads other industries for recoveries by the government and whistleblowers under the False Claims Act.  Enforcement actions span the entire health care supply chain.  See our...

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Healthcare Recoveries Depend on Whistleblowers

The government incentivizes whistleblowers in order to increase healthcare recoveries under the False Claims Act.  See our analysis here of how the Act’s qui tam provisions work by Colin Jennings,...

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Whistleblowers Look To Capitalize On Stimulus

With their insider access to business operations, whistleblowers will follow stimulus money to learn whether the business abides by the strings attached to that money.  Whistleblowers look for an...

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Updated HHS Guidance on Provider Relief Fund Payments Could Help Providers...

On May 29, and June 2, the Department of Health and Human Services (HHS) updated its “Provider Relief Fund FAQs” on disbursements made to providers from the $175 billion Provider Relief Fund initially...

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CARES Act Medicare Money – View From Former Prosecutors

The CARES Act requires Medicare providers to attest to multiple certifications.  Former prosecutors examine how law enforcement may scrutinize these certifications. Marisa Darden, David Maria, and...

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DOJ Prioritizes Health Care Fraud in the Pandemic

The Department of Justice (“DOJ”) recently announced its largest ever health care fraud and opioid enforcement action.  In a coordinated effort, DOJ charged 345 defendants with more than $6 billion in...

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HHS OIG Introduces Managed Care Strategic Plan

In August, the Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services (“HHS”) introduced a new “Strategic Plan for Oversight of Managed Care for Medicare and Medicaid”...

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Federal Courts Continue to Grapple with Causation in Anti-Kickback-Based...

Courts around the country continue to disagree on the causation standard to be applied in False Claims Act cases based on alleged Anti-Kickback Statute violations.  Two recent federal district court...

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