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September 29, 2014
Healthcare Fraud
Tennessee’s Meridian Surgical Partners to Pay $5.12 Million to Settle False Claims Act Lawsuit
Brentwood, Tennessee-area surgical center management company Meridian Surgical Partners has agreed to pay a total of $5.12 million to settle allegations of healthcare fraud. Healthcare fraud continues to reign as the top-grossing area of recovery under the False Claims Act, and the Department of Health and Human Services – in […]
September 26, 2014
Healthcare Fraud
Department of Justice Takes Aim at Physician Investors in Anti-Kickback Crackdown
We recently reported on the government’s decision to intervene in a False Claims Act lawsuit against spinal surgeon Aria Sabit, which involved allegations of medically unnecessary spinal fusion operations in exchange for kickbacks from the Reliance Medical Group. In a simultaneous and related event, the Department of Justice filed its […]
September 25, 2014
Rule 9(b)
Eighth Circuit Adds to Rule 9(b) Confusion in Thayer v. Planned Parenthood of the Heartland
If you’ve been following along, you’ll know that the federal Courts of Appeal are engaged in a near-even split with regard to the applicability of Federal Rule of Civil Procedure 9(b) in the False Claims Act context. In general, a civil plaintiff must set forth general facts in a complaint […]
September 24, 2014
Healthcare Fraud
Neurosurgeon Facing False Claims Act Liability Following Unnecessary Spinal Implant Procedures
It’s another instance of healthcare fraud involving the federal Medicare and Medicaid systems. A prominent California neurosurgeon, his associates, and their distributorship network – Reliance Medical Systems LLC – are facing significant possible liability under the False Claims Act for engaging in unnecessary procedures in order to pad revenue. The […]
September 23, 2014
Healthcare Fraud
Massachusetts Attorney General Asks First Circuit to Review Pivotal False Claims Act Ruling
While many aspects of the False Claims Act are firmly settled by consistent holdings by federal district and appellate courts, other areas are more grey – including how much weight should be given to the difference between a condition of payment and a condition of participation. In today’s article, we […]
September 22, 2014
Healthcare Fraud
Department of Justice Files False Claims Act Complaint Against California Nursing Homes
On August 29th, the U.S. Department of Justice filed a complaint against two California-based nursing home facilities known as Country Villa Watsonville East and Country Villa Watsonville West – both of which participate in both Medicare and Medicaid (Medi-Cal). The complaint alleges horrific patterns of patient neglect, including the administration […]
September 19, 2014
Healthcare Fraud
Federal Judge Permits False Claims Act Case to Continue Against Vaccine Manufacturer Merck
Medical corporation Merck & Co. will decidedly face the music in the ongoing class action and related anti-trust lawsuit involving its mumps vaccine – a product routinely given to babies and children for generations. The issue, which involves allegations of false compliance with FDA standards for vaccines, prompted a False […]
September 18, 2014
False Claims Act Legal News
New York District Court Adds to Rule 9(b) Confusion
As we have reported in previous posts, Federal Rule of Civil Procedure 9(b) has emerged as an obstacle in some jurisdictions when applied to the pleadings submitted in False Claims Act cases. In sum, Rule 9(b) imposes heightened specificity requirements in certain federal filings. The rule is often applied in […]
September 16, 2014
Healthcare Fraud
Seventh Circuit Takes Aim at ‘Worthless Services’ False Claims Act Allegations
On the heels of a provocative op-ed in the New York Times discussing the nexus between Medicare and the expenses of nursing home care, the U.S. Court of Appeals for the Seventh Circuit issued its much-anticipated opinion in United States ex rel. Absher v. Momence Meadows Nursing Center, which involves […]
September 15, 2014
Omnicare
Fox, Rx Loses False Claims Act Bid Against Omnicare, et al.
Repeat offender Omnicare, a nationwide pharmacy services organization, was recently pitted against Fox, Rx, a Medicare Part D program sponsor, in a False Claims Act lawsuit, alleging several counts of fraud involving government healthcare programs. Unlike the liability faced by Omnicare in several other lawsuits, it was able to avoid […]
September 12, 2014
Healthcare Fraud
DOJ Opts to Intervene in Whistleblower Case Against United Healthcare
In a recent False Claims Act case filed in Colorado, the federal government has decided to intervene after engaging in a preliminary investigation of the relator’s claims. The government, which intervenes in approximately 25 percent of all filed False Claims Act cases, will join as an active participant against Evercare […]
September 11, 2014
False Claims Act Information
6 Tips for Anyone Considering a Whistleblower Lawsuit
If you have never been involved in a legal proceeding, much less a federal lawsuit involving an employer or large corporation, the notion of pursuing a whistleblower claim can seem overwhelming and possibly more trouble than it is worth. However, we encourage you to consider the following six tips as […]
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