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MEDICARE’S “WITHOUT FAULT” PROVISION: A PROVIDER’S SECRET WEAPON?

Mar 24, 2025 | Administrative Law, Health Care, Medicare and Medicaid, Overpayment Appeals

Because Medicare processes over one billion fee-for-service claims annually, it is impossible for CMS and its contractors to review every claim – or even a substantial percentage of claims – on a pre-payment basis.  Accordingly, Medicare has set up various...

First Circuit Adopts “But For” Causation Standard for AKS-Based False Claims Act Cases

Feb 28, 2025 | False Claims Act, Government Investigations, Health Care, Health Care Fraud

Back in January, we wrote about a district judge in Massachusetts who granted summary judgment in favor of a False Claims Act (FCA) defendant, ruling that the “but for” causation standard should be applied when violations of the Anti-Kickback Statute (AKS)...

Opt-in DME Leads and Medicare’s Anti-Solicitation Rule

Feb 20, 2025 | DMEPOS, Government Investigations, Health Care, Health Care Fraud, Medicare and Medicaid

If you are a DMEPOS supplier and are purchasing opt-in Medicare leads, you should be aware of Medicare’s prohibition against telephone solicitation of beneficiaries. In order to enroll as a Medicare DMEPOS supplier, and as a condition of payment, DMEPOS providers must...

Trump’s Anti-DEI Executive Order Threatens False Claims Act Enforcement

Feb 10, 2025 | False Claims Act, federal investigations, Fraud Investigations, Government Contract, Government Investigations

On January 31, 2025, President Trump issued Executive Order 14173, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“EO”).  The stated purpose of the EO “is to ensure that [the federal government enforces civil rights laws] by...

New Tariffs Likely to Bring Increase in Customs Fraud Enforcement

Feb 2, 2025 | False Claims Act, federal investigations, Fraud Investigations, Government Investigations

On February 1, 2025, President Trump announced the imposition of substantial tariffs on goods imported from Canada, Mexico, and China.  These tariffs are likely to come with an increase in customs enforcement, with customs officials ensuring that incoming goods are...
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