The Department of Justice announced a $3.9 million settlement with a palliative care company responsible for operating a number of hospice care facilities in the Southeast United States. The case involves alleged fraudulent invoices to Medicare for end-of-life care that did not meet Medicare guidelines for coverage – thus meeting […]
The San Antonio-based grocery store H-E-B was recently involved in an extensive Medicaid fraud case involving several in-store pharmacies across the Texas area. The case was filed in 2011 by three pharmacists who, while not employees of H-E-B, worked in other states filling prescription orders for the company. The contents […]
The issue of off-label marketing raises a compelling question as to the relationship between the First Amendment’s protection of free speech and the various federal regulations prohibiting the practice of unlawful marketing of prescription drugs. As a review, off-label marketing occurs when a pharmaceutical company markets its product for use […]
If you have original information about possible fraud against the government, you may be considering speaking with a whistleblower attorney but are not sure whether it is worth the effort. While this is a common fear associated with qui tam lawsuits, there are also great benefits to filing your lawsuit. […]
The False Claims Act not only covers exaggerated bills for examinations, but also works to help eliminate fraud pertaining to the use of medical devices during surgical procedures. In a recent case against gastrointestinal device-maker EndoGastric Solutions, the government has alleged a serious pattern of fraud involving executives wrongfully directing […]
In a tale as old as time, another physician’s office has opted to settle with the federal government after facing allegations of fraudulent Medicare billing. Under the False Claims Act, it is considered unlawful for a doctor to submit invoices for repayment to healthcare agencies like Medicare or Medicaid for […]
The federal Stark Law is designed to place limitations on physician referrals and to create greater patient confidence in the underlying rationale for a patient referral. Prior to the Stark Law, there were no regulations in place regarding referrals by a physician to laboratories or hospitals in which the physician […]
The False Claims Act is used to address issues of overcharging the government for services rendered by independent, private contractors. In a recent case involving popular wireless provider Sprint, whistleblowers have alleged significant overcharges in conjunction with a contract to provide wiretapping services to federal agencies including the FBI, U.S. […]
Fraud in the healthcare industry is reaching alarming levels. Each year, the Department of Justice works in concert with several other federal agencies and state-level counterparts to combat this growing trend. The False Claims Act is extremely pivotal in bringing healthcare fraud to light. Given the widespread problem of fraud […]
As we reported yesterday, the U.S. Solicitor General, upon request by the Supreme Court, submitted its amicus curiae brief in the hotly-contested False Claims Act case Nathan v. Takeda Pharmaceuticals. As a bit of background, this case involves the practice of off-label marketing, which occurs when a drug company promotes […]
As we have reported in the past, the U.S. Circuit Courts are split on several issues involving the federal False Claims Act. One of the most divisive issues facing the courts today involves the application of Federal Rule of Civil Procedure 9(b). Rule 9(b) requires heightened pleading requirements for plaintiffs […]
In any civil action, a concept known as a statute of limitations applies to limit plaintiffs from filing a lawsuit based on incidents occurring more than a set number of years in the past. For example, personal injury cases carry a two-year statute of limitations in several states (e.g., California, […]