New York Attorney General Files ‘Reverse’ False Claims Act Case Against Two Prominent NY Hospitals

We cover quite a few stories about healthcare fraud cases litigated under the False Claims Act. Most of the time, these cases involve illegal upcoding or billing for services never rendered – two practices which net the government billions of dollars in recoveries and penalties. A concept known as “reverse” […]

Recent Tenth Circuit Decision May Impact Commission-Based Sales Earnings

It is common industry practice within the medical sales field for independent contractors and salespeople to earn a base salary and a percentage of all sales finalized – known as commission-based pay. However, one recent decision out of the U.S. Court of Appeals for the Tenth Circuit may work to […]

What is ‘Fraud?’: Whistleblower Case Examines Distinction Between Intent and Mistake

Litigation under the federal False Claims Act has steadily increased in recent years, prompting litigants to regularly impose upon appellate courts various questions of law and legislative interpretation. As we reported last week, the U.S. Circuit Courts are evenly split over how specific a Relator must plead claims under the […]

Bon Secours Embroiled in Latest Rule 9(b) Discrepancy Within Federal Fourth Circuit

As we have reported in the past, the federal Courts of Appeal are engaged in a near-even split over the applicability of Federal Rule of Civil Procedure 9(b) to filings under the False Claims Act. Fed. R. Civ. P. Rule 9(b) reads as follows: In alleging fraud or mistake, a […]

Recently-Unsealed Healthcare Fraud Case Reveals Whistleblowers Not Always Former Employee; Competitor Files Suit

It is often believed that in order to satisfy the False Claims Act’s “original source” requirement, one must be a former employee, patient, or colleague of the alleged fraudulent party. However, as today’s case illustrates, a whistleblower can be anyone – including a competitor. In a case unsealed late March […]