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Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
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March 13, 2019
General
Whistleblower Awarded More Than $2 Million By Commodity Futures Trading Commission
An individual whistleblower who provided information about fraud to the Commodity Futures Trading Commission (“CFTC”) was just awarded more than $2 million for information that led to both a CFTC action and a related action brought by another federal agency. The whistleblower’s contribution included significant assistance in analyzing complex market […]
March 11, 2019
General
What is Best Price Fraud?
“Best Price” is a term used in connection with Medicaid reimbursement for brand name prescription drugs. Essentially, a drug manufacturer is required to charge Medicaid no more than whatever its best (lowest) price is to a non-government (or commercial) payor. Because Medicaid does not buy drugs outright and furnish them […]
March 6, 2019
General
What is Customs Fraud?
Customs fraud is a catch-all term for frauds committed by companies trying to evade payments that are owed to the federal government in connection with the importation of goods into the United States. While there are many variations, the two major types of payments that are in play for imported […]
February 27, 2019
General
Objective Falsity Requirement Under the False Claims Act
Can a False Claims Act case go forward where the only evidence of whether the services at issue were medically necessary are two competing and opposing medical opinions? In a prior blog, we discussed recent holdings in AseraCare I, AseraCare II and Vista Hospice[1]. The main issue addressed in those […]
February 25, 2019
General
Differences in Medical Opinion Under the False Claims Act
Courts have recently grappled with the issue of whether a Relator can maintain a case under the False Claims Act (“FCA”) where she retains an expert that says the medical services provided were not medically necessary and the defendant’s medical service provider or its retained expert says the exact opposite […]
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