In a False Claims Act (FCA) case with implications for the use of business and work visas, the US District Court for the District of New Jersey refused on Tuesday to reconsider or allow an immediate appeal of its prior ruling...more
At the beginning of the year, the Department of Health and Human Services (HHS) issued new Stark Law regulations that affect how physician practices may share profits and that clarify how they may pay productivity bonuses....more
In a case that has implications for companies that utilize US work and business visas, the US District Court for the District of New Jersey recently ruled on two theories under the False Claims Act (FCA) related to the use of...more
The Biden Administration is expected to devote significant resources to investigating fraud and abuse in the health care industry. Not only will the Biden Administration likely continue investigating traditional health care...more
3/18/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
EHR ,
Enforcement Programs ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Facilities ,
Nursing Homes ,
Opioid ,
Skilled Nursing Facility ,
Telehealth
From the day he took office, President Biden began the process of changing the immigration enforcement policies that existed during the Trump Administration. Indeed, the White House has proposed legislation and issued 13...more
The Biden Administration announced that it would delay implementing a new rule promulgated in the waning days of the Trump Administration that would change the long-standing practice of allocating H-1B visas for highly...more
The Trump Administration announced on January 12, 2021 that it has promulgated a new, final rule that will significantly increase the wages that must be paid to holders of H-1B visas for highly skilled workers, though the...more
With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more
1/6/2021
/ Administrative Procedure Act ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Notice and Comment ,
Presidential Proclamations ,
Time Extensions ,
Trump Administration ,
Visas
Judge Jeffrey S. White of the District Court for the Northern District of California on December 1, 2020, set aside two new rules promulgated by the Trump Administration aimed at significantly curtailing the H-1B visa program...more
12/3/2020
/ Administrative Procedure Act ,
Appeals ,
Department of Homeland Security (DHS) ,
Good Cause ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Interim Final Rules (IFR) ,
New Regulations ,
Notice and Comment ,
Preliminary Injunctions ,
Prevailing Wages ,
Trump Administration ,
Visas
The Department of Homeland Security (DHS) has proposed abandoning its long-standing practice of allocating H-1B visas for highly skilled workers through a random lottery in favor of a system that would give preference to...more
The Department of State (DOS) has proposed changes to policy and regulations governing the use of short-term B-1 visas in an attempt to clarify, and in some cases limit, the use of these visas, which have long been a source...more
Last week, the United States Department of Justice (“DOJ”) announced the creation of the National Rapid Response Strike Force (“NRR Strike Force”) within the DOJ’s Health Care Fraud Unit. The announcement was made in...more
On June 22, 2020, President Trump issued a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” that will suspend entry to the United States for H-1B, H-2B,...more
In December 2019, Teva settled with the Department of Justice (DOJ) for $54 million to resolve False Claims Act (FCA) allegations that, among other things, Teva induced physicians to write prescriptions for drugs that treat...more
When Riordan, Lewis & Haden Inc. (RLH), a private equity firm, found itself ensnared in a False Claims Act (FCA) litigation for its role in a prescription drug kickback scheme orchestrated by one of its portfolio companies,...more
12/11/2019
/ Best Practices ,
Board of Directors ,
Corporate Governance ,
Corporate Liability ,
Enforcement Actions ,
False Claims Act (FCA) ,
Health Care Providers ,
Kickbacks ,
Motion to Dismiss ,
Pharmaceutical Industry ,
Portfolio Companies ,
Prescription Drugs ,
Private Equity Firms ,
Risk Management ,
Settlement ,
TRICARE
On May 2, 2019, a jury sitting in the District of Massachusetts convicted five senior executives of Insys Therapeutics, Inc. (Insys) with racketeering conspiracy in violation of Title 18, United States Code, Section 1962(d)....more
12/2/2019
/ Acquittals ,
Bribery ,
Controlled Substances Act ,
Criminal Conspiracy ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Indictments ,
Motion for Judgment ,
Opioid ,
Pharmaceutical Industry ,
Physicians ,
Racketeering
On October 9, 2019, the Department of Health and Human Services (HHS) announced proposals for a number of new and revised exceptions to the Stark Law and safe harbors for the Anti-Kickback Statute (AKS) that are intended to...more
10/15/2019
/ Anti-Kickback Statute ,
Comment Period ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Exceptions ,
Fee-for-Service ,
Health Care Providers ,
OIG ,
Physicians ,
Proposed Rules ,
Safe Harbors ,
Stark Law
On September 17, 2019, the Third Circuit Court of Appeals issued a decision with potentially far-reaching implications for healthcare companies and providers facing allegations of violations of the Stark Law. In United States...more
On May 2, 2019, a court in the Southern District of New York ruled in United States v. Connolly (16-CR-370) that statements made by an employee to outside counsel during an internal investigation were subject to certain...more
The Trump Administration is moving forward with plans to rescind a rule that allows the spouses of H-1B visa holders to work in the U.S. On February 22, 2019, the Department of Homeland Security (“DHS”) sent a proposed rule,...more
On October 12, 2018 in remarks made at the NYU School of Law Program on Corporate Compliance and Enforcement’s Conference on Achieving Effective Compliance, Assistant Attorney General for the U.S. Department of Justice...more
Yesterday President Trump signed an important executive order promoting “Buy American” and “Hire American” policies. In light of the Order, clients should be aware of...more
The Department of Justice has released a new policy intended to further the Department’s effort to hold individuals accountable for corporate wrongdoing. The policy was laid out in a September 9, 2015 memorandum authored by...more
The U.S. Supreme Court recently resolved two important questions under the False Claims Act (FCA), holding that (1) the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, applies only to criminal cases, and (2)...more