News & Analysis as of November 15, 2024

Private Equity

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The Anti-Kickback Statute is a United States federal criminal statute that prohibits the exchange (or the promise to exchange) of anything of value for referrals of federal healthcare program business. The statute aims to prevent situations where government officials channel federal healthcare dollars towards particular providers, who have offered or given the official a personal benefit. Penalties for violation of the Anti-Kickback statute apply to both sides of a prohibited transaction and can include jail time and steep monetary fines. less -

Private Equity Firms Should Prepare for Increased Scrutiny as DOJ Puts False Claims Violations Under the Microscope

K&L Gates LLP on 8/1/2024

Private equity investment in health care has grown significantly over the past two decades, and the US government is starting to pay attention. Recent announcements by the US Department of Justice (DOJ) and proposals by...more

Private Equity Brings Inequity To The ER

Pietragallo Gordon Alfano Bosick & Raspanti,... on 4/4/2024

As experienced whistleblower counsel, with more than a decade of representing emergency providers in false claims act (FCA) cases against large hospital systems and national hospital-based staffing groups, the recent...more

DOJ False Claims Act Recoveries Exceed $5.6 Billion in 2021

Goodwin on 3/8/2022

The U.S. Department of Justice (“DOJ”) recently announced that over $5.6 billion in False Claims Act (“FCA”) settlements and judgments had been reached during the 2021 fiscal year, with over $5 billion of those settlements...more

Spotlight on Private Equity for FCA Enforcement in 2022

Manatt, Phelps & Phillips, LLP on 2/3/2022

Despite the unprecedented challenges of the COVID-19 pandemic, mergers and acquisitions in the health care industry have continued apace and show no signs of slowing....more

Continuing Consolidation in Orthopedic Medicine

Foley & Lardner LLP on 1/13/2022

Physician consolidation continued on a robust pace this past year, despite, or maybe because of, the Pandemic. Physician-owned orthopedic practices appear to be no exception to this trend. Interestingly, orthopedic...more

Qui Tam Quarterly - Risky Business: Health Care Investments Pose Acute False Claims Act Risk for Private Equity

K&L Gates LLP on 2/26/2021

This article analyzes emerging risks to PE firms that invest in the health care sector by examining the current enforcement landscape and significant FCA litigation; identifies key factors that increase FCA risk for PE firms...more

False Claims Act Risk to Private Equity Healthcare Investors

Bradley Arant Boult Cummings LLP on 10/22/2020

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

Considerations for Private Equity and Venture Capital Groups Interested in the Health Care Industry

Maynard Nexsen on 10/14/2020

Health care spending in the United States reached $3.6 trillion in 2018 and is projected to reach $6.2 trillion by 2028. With such a large amount of money concentrated in the health care industry, it is no wonder why private...more

Global Private Equity Newsletter - Winter 2020 Edition: Private Equity Firms with Health Care Investments Should Protect...

Dechert LLP on 2/27/2020

The Department of Justice (“DOJ”) on September 18, 2019, announced a $21.36 million settlement with compounding pharmacy Patient Care America (“PCA”), two PCA executives, and private equity firm Riordan, Lewis & Haden, Inc....more

Healthcare Enforcement Quarterly Roundup - Q4 2019

McDermott Will & Emery on 2/7/2020

In this installment of the Healthcare Enforcement Quarterly Roundup we cover several topics that have persisted over the past few years and identify new issues that will shape the scope of enforcement efforts in 2020. In this...more

[Webinar] 2019 Q4 Healthcare Enforcement Roundup - February 5th, 2:30 pm ET

McDermott Will & Emery on 1/28/2020

The final quarter of 2019 brought forward new guidance and proposed rules with major implications for healthcare companies, enforcement developments in healthcare private equity investing and opioid litigation matters, among...more

False Claims Act Suits Remain a Focus of Whistleblowers in 2019

Bradley Arant Boult Cummings LLP on 1/23/2020

The year 2019 was another active year in False Claims Act (FCA) investigations and litigation. Although the year lacked a singular blockbuster case, there were decisions of particular note. The Supreme Court clarified the...more

The Philosophy for Investing in Urology: 5 Key Regulatory Risks

Bass, Berry & Sims PLC on 6/26/2019

In the wave of physician practice management transactions, urology is poised to be one of the next hot sectors. In addition to the issues to consider in connection with any physician practice transaction, below we discuss...more

Life Sciences Due Diligence: A Reference Guide for Your Life Sciences Corporate Transactions

Akin Gump Strauss Hauer & Feld LLP on 5/2/2019

• Life sciences companies are subject to rapidly changing regulatory obligations, government enforcement, and increasing public scrutiny. • Conducting effective legal and regulatory due diligence can mean uncovering risks...more

Recent Case Emphasizes that Private Equity Firms May Face Federal Prosecution in Actions Targeting Portfolio Health Care Companies

Locke Lord LLP on 4/11/2018

Private equity firms with portfolio health care entities should stay informed of federal regulations or risk allegations of Anti-Kickback Statute and False Claims Act violations in regards to their platform and portfolio...more

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