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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 […]
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.
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