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August 6, 2018
False Claims Act Legal News
Pennsylvania Supreme Court Decision Upholds Damages for Emotional Distress for Whistleblower
In a unanimous decision strongly supporting whistleblowers and recognizing the public interest that they serve, the Pennsylvania Supreme Court confirmed that an employee terminated for reporting suspicious activities by a government sub-contractor could recover non-economic damages – essentially, damages for emotional distress – in addition to economic damages for loss […]
August 3, 2018
Healthcare Fraud
Use of Hospital-Employed Non-Physician Providers by Private Physicians May Violate the Anti-Kickback Statute
The Anti-Kickback Statute (“AKS”) prohibits any person or entity from offering, making, soliciting, or accepting remuneration, in cash or in kind, directly or indirectly, to induce or reward any person for purchasing, ordering, or recommending or arranging for the purchasing or ordering of federally-funded medical goods or services. Whoever knowingly […]
July 31, 2018
False Claims Act Information
Michigan Medicaid False Claims Act
The Michigan Medicaid False Claims Act encourages individuals with information related to Medicaid fraud being perpetrated against the State of Michigan to file a lawsuit on behalf of the State and share in any recovery. Michigan Medicaid False Claims Act Liability As the name implies, the Michigan Medicaid False Claims […]
July 30, 2018
False Claims Act Information
National Whistleblower Appreciation Day: Why We Practice Qui Tam Law
In honor of National Whistleblower Appreciation Day, which takes place on July 30, we asked some of our Whistleblower, Qui Tam & False Claims Act Practice Group attorneys why they practice qui tam law. Each of their reasons and motivations is unique, but there is a common theme throughout all […]
July 26, 2018
News
Berger Montague Named a 2018 Elite Trial Lawyers Finalist
Berger Montague is proud to announce that the firm has been named a 2018 Elite Trial Lawyers finalist by The National Law Journal in four areas of law—Environmental Protection, Pharmaceutical Litigation, Privacy/Data Breach, and Racial Discrimination.
July 26, 2018
False Claims Act Information
Philadelphia False Claims Ordinance
Although – or perhaps because – Pennsylvania does not have a state False Claims Act, both the City of Philadelphia and Allegheny County (encompassing Pittsburgh) have municipal ordinances that address false claims. False Claims Ordinance, Phila. Mun. Code §§ 19-3601, et seq.; Allegheny CountyCode of Ordinances § 485-1, et seq. This post will […]
July 24, 2018
News
Long-Running Drywall Price-Fixing Lawsuit Settles for More Than $190 Million
Berger Montague is pleased to announce that on July 17, 2018, Judge Michael M. Baylson of the U.S. District Court for the Eastern District of Pennsylvania issued an order approving the last of the settlements in the long-running case In re Domestic Drywall Antitrust Litigation. This latest settlement brings the total amount of settlements for the class to over $190 million.
July 24, 2018
False Claims Act Information
What is a False Claim?
Liability under the federal False Claims Act occurs where someone (a person or a corporate entity): (1) knowingly presents (or causes to be presented) a false or fraudulent claim to the Federal Government for payment; (2) knowingly makes, uses, or causes to be made or used, a false record or statement material […]
July 23, 2018
False Claims Act Information
What are Reverse False Claims?
The False Claims Act (“FCA”) is typically thought of as concerning fraudulent attempts to obtain money from the Government. This article explores a lesser known area of FCA liability known as a “reverse false claim,” which involves avoiding the payment of money that is owed to the Government. The History […]
July 20, 2018
False Claims Act Information
What is a Whistleblower Complaint?
A whistleblower complaint is the initial document filed under seal with the court that sets out all of the whistleblower’s allegations and claims against a defendant. In addition to being filed with the court, the complaint is also served on the government so that they can start their investigation into […]
July 17, 2018
False Claims Act Information
Montana False Claims Act
The Montana False Claims Act is modeled after the federal False Claims Act and allows individuals with information related to fraud, waste, and abuse being perpetrated on the Montana government to file a lawsuit on behalf of the government. Montana False Claims Act Liability Under the Montana False Claims Act, […]
July 16, 2018
Healthcare Fraud
What is Hospice Fraud?
Medicare Part A covers hospice care when a patient is certified as “terminally ill.” See e.g. 42 C.F.R. §§ 418.20, 418.22. “Terminally ill” means that a patient’s medical prognosis is for a life expectancy of six months or less due to the patient’s particular disease if it runs its normal course. […]
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