May 11, 2021 | False Claims Act
In February 2021, CG attorneys wrote about an electronic health record (“EHR”) vendor, Athenahealth, Inc., agreeing to pay $18.25 million to resolve False Claims Act (“FCA”) allegations related to its marketing programs and alleged kickbacks. CG attorneys cautioned...
May 6, 2021 | False Claims Act
In a March 4 press release, the Department of Justice announced it had reached a settlement with Incyte Corporation resolving allegations that Incyte had violated the False Claims Act and Anti-Kickback Statute. DOJ alleged that, over a 3-year period, Incyte had used...
May 6, 2021 | Health Care
On April 29, 2021, the Department of Health and Human Services (HHS) Office of Inspector General (“OIG”) released a new advisory opinion (OIG Advisory Opinion No. 21-02) about an Ambulatory Surgery Center (“ASC”) to be jointly owned by a health system, a physician...
May 3, 2021 | Fraud Investigations, Government Investigations, Health Care, White Collar Crime
In 2019, the U.S. Department of Justice (“DOJ”) announced “Operation Brace Yourself,” which resulted in charges against 24 criminal defendants and adverse administrative actions against 130 DME companies. Operation Brace Yourself was a nationwide scheme related to...
Apr 29, 2021 | Employment Law, Health Care
The U.S. Department of Health and Human Services, Office of the Inspector General (OIG) may exclude individuals and entities from federally funded healthcare programs under 42 U.S.C. §§ 1320a-7 and 1320c-5. By law, the OIG must exclude individuals and entities for...