Sunday, April 5, 2020

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COVID-19 and the False Claims Act

As the impact of the COVID-19 pandemic continues to spread, the federal government is preparing to take unprecedented action to curb its effects on...

What Laws Protect Coronavirus Whistleblowers? Whistleblower Attorneys Publish FAQs for Coronavirus Whistleblowers and Qui...

Whistleblower law firm Kohn, Kohn & Colapinto has published a Frequently Asked Questions (FAQs) page regarding the protections afforded to Coronavirus Whistleblowers when reporting fraud...

Trending Video: False Claims Act: Three Years After Escobar

In a new video, Kirsten Mayer, a litigation partner at Ropes & Gray, provides an update on the False Claims Act three years after the Supreme Court decided Universal Health Services v. U.S. ex rel. Escobar, an important case addressing the scope and reach of the False Claims Act. Almost before the ink was dry […]
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DOJ Declines to Intervene in Risk Adjustment Qui Tam Suit Brought Against Numerous Medicare...

The District Court for the Central District of California has unsealed a qui tam complaint filed in May 2018 against Mobile Medical Examination (“MedXM”)...

False Claims and Coronavirus: Prevent the Spread of Fraud

The National Whistleblower Center has called on Attorney General William Barr to form a nationwide task force to monitor and investigate False Claims Act allegations related to the COVID-19 pandemic, with the following mandate: Insure a prompt and aggressive federal response to any allegations of fraud related to the coronavirus, including fraud that impacts patient […]
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Deference for Subjective Clinical Judgment Does Not Extend to Whether Provider Actually Conducted the...

The district court granted the government’s motion for summary judgment in a healthcare fraud case, finding that the defendant billed for services it did...

Requirement to Pay Prevailing Wages Material to Defendant’s Construction Contract Performance and Payments; United...

The district court adopted the report and recommendations of a special master, who recommended a $1 million judgment be entered against a construction contractor, who was sued for using personnel to perform specialized construction work for which they were not paid the correct higher prevailing wage. The special master found the contractor violated the False […]
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Relator Cannot Join Distinct False Claims Complaint, Despite Connection to Her Original Lawsuit; United...

The Second Circuit affirmed a district court’s decision to dismiss a relator’s attempt to join a state-filed lawsuit alleging healthcare fraud. The relator successfully pursued a case alleging the defendant and other entities violated the FCA by promoting off-label use of certain pharmaceuticals. During the course of the case, New York state uncovered additional misconduct […]
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Guard Against False Claims as Massive Government Spending Rolls Out to Combat COVID-19

Introduction Federal and state governments are ready to roll out over one trillion dollars in funding in response to the novel coronavirus (COVID-19) pandemic.  As past is often prologue, we expect this new round of massive government spending to someday be subjected to strict government oversight, targeted audits and investigations, and whistleblowers all searching for […]
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Third Circuit Rejects AseraCare’s “Objective Falsity” Requirement, Allows Scrutiny of Medical Opinions in Hospice...

Last week, the Third Circuit joined several other appellate courts in finding that medical opinions related to medical necessity of hospice services can be subject to scrutiny and found to be “false” for purposes of proving a violation of the False Claims Act in U.S. ex rel. Druding v. Care Alternatives. Our Health Care Enforcement […]
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