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December 10, 2014 Rule 9(b)

Eleventh Circuit Tackles Contentious Rule 9(b) Issue

As we have reported in a previous post, Florida-based Health Management Associates, Inc. is facing extreme liability under the False Claims Act stemming from allegations that emergency room physicians were offered kickbacks and financial incentives for admitting a certain number of patients per day – notwithstanding the lack of medical […]
December 9, 2014 Contractor Fraud

California State Court Orders New Trial Following California False Claims Act Verdict

California, along with many other states, maintains its own False Claims Act statute that closely mirrors the language of the federal version. The lengthy, comprehensive, statute allows private individuals to file claims under the Act if that person has original knowledge of the submission of a false claim to any […]
December 8, 2014 Healthcare Fraud

California Court Dismisses Whistleblower Lawsuit Due to Insufficient Facts in Complaint

In the context of False Claims Act lawsuits, there is much to be said about the initial complaint stage. As you recall, Circuit Courts of Appeal are split as to the level of specificity required for a False Claims Act filing. Some courts have concluded that Federal Rule of Civil […]
December 5, 2014 Medicaid Fraud

Oklahoma Dentist Settles False Claims Act Allegations Involving Medicaid Patients

In a rare False Claims Act settlement involving dental care, an Oklahoma-based dentist has agreed to pay $5 million to settle claims of false invoices to the federal government for dental services. The company, which actually operates facilities in seven U.S. states, is alleged to have engaged in the familiar […]
December 4, 2014 Healthcare Fraud

CareAll Companies Agree to Pay $25 Million in False Claims Act Settlement

In yet another instance of costly and wasteful healthcare fraud, CareAll Management, LLC has agreed to pay $25 million to resolve allegations of illegal upcoding and falsification of information on official requests for reimbursement. In the context of healthcare fraud, the False Claims Act is triggered whenever an invoice is […]
December 3, 2014 Healthcare Fraud

Visiting Nurse Service Settles Alarming Long-Term Healthcare Fraud Allegations

For individuals in need of long-term care (i.e., a permanent stay in a nursing home), the options are to either self-fund the monthly charge or to apply for Medicaid benefits. As Medicare does not cover long-term care, patients in need of this vital service must be eligible by showing financial […]
December 2, 2014 Environmental Fraud

Contractor Agrees to Pay $2.72 Million to Settle False Claims Act Allegations in EPA Fraud Case

In a rare False Claims Act settlement involving the Environmental Protection Agency, a superfund contractor has agreed to pay $2.72 million to resolve various allegations involving misconduct by employees. Under the False Claims Act, any person with original information about fraud involving federal funds may come forward under the False […]
December 1, 2014 Grant Fraud

Northwestern University Researcher Settles Grant Fraud Allegations

Every year, the federal government puts billions of dollars toward medical research in the form of grants. Many of these grants are awarded to medical schools and research universities in order to advance efforts toward finding better treatments or possible cures for conditions like cancer, HIV/AIDS, heart disease, and various […]
November 28, 2014 Healthcare Fraud

Netherlands-Based Organon, Inc. Settles Healthcare Fraud Claims for $34 Million

The False Claims Act is not limited only to domestic instances of fraud against the government. To the contrary, companies headquartered in other countries are routinely targeted for fraud investigations, including a recent False Claims Act case against a Netherlands-based drug company now owned by the more familiar corporation Merck. […]
November 27, 2014 Healthcare Fraud

Medical Device Manufacturer Biotronik Settles False Claims Act Allegations for $4.9 Million

Biotronik, Inc., a medical device manufacturer, has agreed to pay $4.9 million to settle claims it unlawfully engaged in kickback schemes and prohibited financial arrangements in violation of the False Claims Act and its terms forbidding kickback schemes pertaining to Medicare and Medicaid patients. The company settled with the Department […]
November 26, 2014 Healthcare Fraud

Bone Growth Stimulator Manufacturer Biomet Inc. Settles Allegations It Defrauded the Government

New Jersey-based Biomet, Inc. has agreed to pay $6.07 million to settle False Claims Act allegations involving kickbacks pertaining to its bone growth stimulator products. Under the False Claims Act, any medical device manufacturer, drug company, hospital, or medical professional may face possible liability if Medicare or Medicaid patients are […]
November 25, 2014 Healthcare Fraud

Houston-Based One Step Diagnostic Agrees to Settle False Claims Act Case for $2.6 Million

Houston-based One Step Diagnostic, which operates several medical imaging diagnostic centers around Houston, Texas, has agreed to pay $2.6 million to the federal government in order to settle claims it engaged in unlawful kickbacks and inappropriate financial relationships in violation of the False Claims Act and federal Stark Law. The […]
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