Private equity investors in nursing homes should brace and prepare for an active near-term enforcement environment. Congressional skepticism of private equity involvement in healthcare, developments in False Claims Act cases...more
8/25/2021
/ Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare ,
Investment ,
Investors ,
Long Term Care Facilities ,
Long-Term Care ,
Nursing Homes ,
Private Equity ,
Skilled Nursing Facility
The Small Business Administration’s Paycheck Protection Program (PPP) Loan Necessity Questionnaire may soon be a thing of the past. Last fall the SBA began requiring lenders to provide certain questionnaires to PPP borrowers...more
On March 3, 2020, then-Attorney General William Barr announced the Department of Justice’s National Nursing Home Initiative, which aimed to “bring justice to those owners and operators who have profited at the expense of...more
6/16/2021
/ Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Facilities ,
Long Term Care Facilities ,
Long-Term Care ,
Nursing Homes ,
Private Equity Firms ,
Risk Factors ,
State and Local Government
Concerns about private equity investment in healthcare were front and center on Thursday during a special hearing of the House Ways and Means Committee on Oversight. Rep. Bill Pascrell, chairman of the committee, stated,...more
It is essential for employers that work with the federal government to stay up to date on the federal False Claims Act (“FCA”). In 2020, individual employees were front and center in the government’s enforcement of the FCA,...more
The False Claims Act (FCA) continues to be a primary tool for both the Justice Department and whistleblowers’ counsel to bring suits against companies in the financial services sector, and the nationwide pandemic did not halt...more
The False Claims Act (“FCA”) continued to serve as one of the primary tools utilized by the federal government against government contractors in 2020. One of the key areas that the government focused on this past year was...more
This year saw substantial activity in FCA settlements and litigated court cases. Although no single case or development dominated the discourse this year, several important court decisions were issued, including two that may...more
2/1/2021
/ Ambiguous ,
Anti-Kickback Statute ,
Damages ,
Deficit Reduction ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Veterans Affairs ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Aviation Administration (FAA) ,
Fee-Shifting ,
First-to-File ,
Fraud ,
Materiality ,
Medicaid ,
Medicare ,
Qualified Immunity ,
Reasonable Interpretations ,
Retaliation ,
Speaker Programs ,
Statute of Limitations
On November 16, 2020, the Office of Inspector General of the Department of Health and Human Services (OIG) issued a Special Fraud Alert addressing the fraud and abuse risks of speaker programs that are commonplace in the...more
11/20/2020
/ Anti-Kickback Statute ,
Enforcement Actions ,
Fair Market Value ,
False Claims Act (FCA) ,
FDA Approval ,
Fraud ,
Health Care Providers ,
Medical Devices ,
OIG ,
Pharmaceutical Industry ,
Speaker Programs
As many healthcare practitioners and attorneys can attest, private equity investment has become an increasingly prevalent feature of the healthcare industry. From blockbuster deals like KKR’s purchase of Envision Healthcare...more
10/22/2020
/ Anti-Kickback Statute ,
Compliance ,
False Claims Act (FCA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Fraud and Abuse ,
GDP ,
Health Care Providers ,
Investment ,
Investors ,
Physicians ,
Portfolio Companies ,
Private Equity
This week the Department of Health and Human Services announced distribution of the first $30 billion of CARES Act funds for healthcare providers. Somewhat surprisingly, no application is needed for this first tranche of...more
As the United States acts to contain the economic damage caused by the ongoing coronavirus outbreak, a substantial portion of relief efforts have focused on small businesses. On March 27, 2020, Congress approved $349 billion...more