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Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
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September 5, 2018
False Claims Act Information
The Michigan Whistleblowers’ Protection Act
The Michigan Whistleblowers’ Protection Act (“WPA”), Mich. Comp. Laws § 15.361-369 (2017), was enacted in 1980. The WPA protects employees, or agents acting on behalf of an employee, who report or are about to report violations of state, local, or federal law to any public body, from retaliation by their […]
August 31, 2018
Healthcare Fraud
What are Anti-Kickback Safe Harbors?
The federal Anti-Kickback Statute (“AKS”) imposes penalties on anyone who, knowingly or willfully, offers, pays, solicits, or accepts remuneration in exchange for referrals or payments for goods or services reimbursable under a federal healthcare program.[i] Congress enacted the AKS in 1972, and its primary purpose is “to protect patients and […]
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 […]
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