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August 30, 2018 News

Harold Berger Receives National Lifetime Achievement Award From Marquis Who’s Who

Harold Berger has received a National Lifetime Achievement Award from Who’s Who in America and Who’s Who in American Law. This award recognizes “individuals who have achieved distinction in their profession or industry and have excelled for a period of over 20 years.”
August 27, 2018 Medicaid Fraud

How to Report Dentist Medicaid Fraud

In every state, Medicaid covers comprehensive dental services for all enrolled children. Additionally, almost every state Medicaid program provides emergency dental services to enrolled adults. About two-thirds of the state Medicaid programs additionally cover at least some non-emergency dental services for enrolled adults. See id. Whistleblowers play a central role […]
August 24, 2018 False Claims Act Information

Nevada False Claims Act

The Nevada False Claims Act (“Nevada FCA”) mirrors the federal False Claims Act (“FCA”) but operates at the state level. Enacted in 1999, the Nevada FCA penalizes people who defraud Nevada’s state or local governments. The Nevada FCA imposes civil liability on “[any] person who, with or without specific intent to […]
August 22, 2018 False Claims Act Information

Isn’t Whistleblower Just a Fancy Word for Tattletale?

Imagine the following scenario: You’ve observed some cheating at work that really troubles you. It seems that your supervisor is cheating the government by lying about testing that your company hasn’t really done on its products, even though testing is required under your government contract. Should you report this? Who […]
August 21, 2018 False Claims Act Information

Can Whistleblowers Remain Anonymous?

The biggest concern most whistleblowers (aka “Relators”) raise is confidentiality. They want to the do the right thing, but they fear that doing the right thing could cost them their job or their career. These concerns are real. It is widely known that people or companies that defraud the government […]
August 20, 2018 Healthcare Fraud

Upcoding Medical Billing

When a provider treats a Medicare patient, the provider must tell Medicare what services were provided so that Medicare can reimburse the doctor the correct amount. Certain services have higher reimbursement amounts than others –a more serious condition will generally be more expensive for the provider to treat and thus, […]
August 16, 2018 News

Managing Shareholder Eric L. Cramer Named Lawyer of the Year, Six Additional Shareholders Named Best Lawyers

Berger Montague is proud to announce that Eric L. Cramer was named Antitrust “Lawyer of the Year” in Philadelphia by his peers, as decided by Best Lawyers. In addition, Cramer and six of the firm’s attorneys were also recognized by Best Lawyers in “The Best Lawyers in America 2019 Edition” in their respective practice areas.
August 16, 2018 Healthcare Fraud

Anti-Kickback Statute Safe Harbor: Personal Services and Management Contracts

The Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b) (“AKS”), prohibits anyone from knowingly and willfully offering, paying, soliciting, or receiving remuneration in order to induce reimbursable business under federal or state healthcare programs. The Department of Health and Human Services has enacted safe harbor regulations that define practices that are not subject […]
August 15, 2018 False Claims Act Information

What Pennsylvania Laws Protect Whistleblowers?

The broadest whistleblower protection comes, appropriately enough, from a statute known as the Pennsylvania Whistleblowers Act. 43 P.S. §§1421 et seq. In pertinent part, the statute provides that: “No employer may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee’s compensation, terms, conditions, location or privileges of […]
August 14, 2018 Healthcare Fraud

Remuneration Under the Anti-Kickback Statute Includes Intangible Economic Benefits

The Anti-Kickback Statute (“AKS”) prohibits anyone from: “solicit[ing] or receiv[ing] any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind . . . in return for referring an individual to a person for the furnishing . . . of any item […]
August 13, 2018 News

Berger Montague Moves to Philadelphia High-Rise, Announces Firm Rebrand

After nearly 50 years at its historic brownstone on Locust Street, Berger Montague has moved its office headquarters to 1818 Market Street. The firm now occupies the building’s entire 36th floor and a portion of the 35th floor—more than 40,000 square feet in total.
August 8, 2018 Healthcare Fraud

Home Healthcare Fraud and the False Claims Act

Home healthcare is a vital service that many Americans rely on. Unfortunately, because of some aspects of the delivery system for home healthcare, and because the patients who receive home healthcare services may be the targets of unscrupulous providers, there is the potential for fraud in home healthcare. Examples of […]
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