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12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we...more

False Claims Act Settlements to Know from Q2 2023

There have been several noteworthy False Claims Act (FCA) settlements in the second quarter of 2023.  Four of these settlements have come in over $20 million. This post summarizes key settlements of interest....more

False Claims Act Settlements to Know from Q1 2023

On February 7, the Department of Justice (DOJ) issued a press release indicating that settlements and judgments under the False Claims Act (FCA) exceeded $2.2 billion in the fiscal year ending September 30, 2022. Of this...more

False Claims Act Settlements to Know from Q3 2022

The third quarter of 2022 brought a number of noteworthy False Claims Act (FCA) settlements, including several over $20 million and one in the high nine figures. This post summarizes key settlements of interest to healthcare...more

False Claims Act Settlements to Know from Q2 2022

The second quarter of 2022 brought a number of noteworthy False Claims Act (FCA) settlements, including several of $20 million or more. This post summarizes key settlements of interest to healthcare providers....more

How to Conduct an Effective Internal Investigation

In recent years, the federal government has been particularly aggressive in pursuing civil and criminal enforcement against healthcare entities. Given the highly regulated nature of the field and the ever present risk of...more

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

False Claims Act Fundamentals: What Is the FCA?

The False Claims Act, 31 U.S. C. § 3729, et seq., is the federal government’s most important and most effective tool for fighting fraud. This post provides a high-level overview of the False Claims Act and highlights key...more

DOJ Expands False Claims Act Reach into Cybersecurity

On November 4, 2021, the federal Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency standards to implement President Biden’s Vaccine/Testing Mandate for businesses with 100 or more...more

Supreme Court Declines to Weigh in on Key Falsity Question

For several years, courts have wrestled with the question of whether subjective clinical decisions regarding the type and amount of treatment patients may need can be false for purposes of establishing False Claims Act (FCA)...more

FDA Increases Scrutiny of CBD Companies for Marketing and Labeling Practices

As the market for hemp-based products booms, many investors are grappling with (and consumers unaware of) the grey area within which hemp products­­ are being commercialized across the country. Increasing demand for...more

Ransomware Warning for Hospitals and Healthcare Providers

The Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the Department of Health and Human Services (HHS) recently issued a Joint Cybersecurity Advisory in light of...more

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,...more

Court Requires Evidence of Harm to Bring Data Breach Lawsuit

On July 16, the U.S. District Court for the Middle District of Alabama dismissed a putative class action against Sarrell Regional Dental Center for Public Health relating to a 2019 ransomware incident. Data Incident and...more

Eleventh Circuit Reinstates Massive FCA Judgment in Ruckh

The roller coaster ride of U.S. ex rel. Ruckh v. Genoa Healthcare, LLC continues. In a previous post, we wrote about the staggering $348 judgment entered following a jury verdict against a management company and skilled...more

Courts Caution That Not All Data Breach Investigation Reports Are Privileged

Absent proper precautions, companies may be forced to produce or otherwise disclose third-party forensic reports generated during a post-breach investigation. Historically, when a data breach has occurred, companies have...more

Best Practices to Protect Your Business from Liability As You Adapt to COVID-19 Challenges

The COVID-19 pandemic has created significant challenges for many businesses. Some companies, particularly in the travel, hospitality, and leisure industries, have seen revenue drop precipitously. Other companies,...more

Recent Developments in False Claims Act Pleading Standards

The Department of Justice (DOJ) recently released its report detailing the settlements and judgments obtained in 2019 from civil cases involving fraud and abuse claims. As in years past, the substantial majority of these...more

Private Equity Firm Settles FCA Case

In two prior posts [Government Files Amended FCA Complaint Against Private Equity Firm and its Portfolio Company and DOJ Intervention in Healthcare Fraud Case Highlights Potential Risks for Private Equity Firms], we wrote...more

Recent Developments in FCA Pleading Standards – Part Two

This is the second post of a two-part discussion of FCA pleading standards and discusses the pleading requirements for connecting a fraudulent scheme to the submission of false claims. Read our previous post on the...more

Electronic Health Records Company Pays High Price for Software Shortcomings

Greenway Health LLC, a Tampa-based developer of electronic health records (EHR) software, recently agreed to pay $57.25 million to resolve False Claims Act (FCA) allegations that it overstated the capabilities of and failed...more

Recent Developments in FCA Pleading Standards – Part One

The False Claims Act (FCA) continues to be the federal government’s primary civil enforcement tool for imposing liability on healthcare providers who defraud federal healthcare programs. A significant portion of FCA...more

FCA Medical Necessity Cases May Stand on Firmer Footing After Recent Appellate Decisions

In recent years, healthcare providers have increasingly faced civil and criminal enforcement actions premised on the allegation that services billed to government healthcare programs were not medically necessary. As a result,...more

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