Dec 27, 2018 | False Claims Act
In October 2018, the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”) became effective. EKRA will have an immediate and significant effect on the marketing and sales activities of clinical laboratories, clinical treatment facilities, and recovery homes. EKRA, in...
Nov 22, 2018 | False Claims Act
The U.S. Department of Justice recently announced that AmerisourceBergen Corp. (ABC) and several of its subsidiaries will pay $625 million to settle various allegations that it illegally repackaged and sold adulterated and unapproved new drugs, and that it double...
Dec 27, 2017 | False Claims Act
On December 6, 2017, U.S. District Judge Andrew L. Carter Jr. (Southern District of New York) held that a False Claims Act (FCA) whistleblower could not name his boss as an individual defendant in a suit alleging unlawful retaliation. The plaintiff, Gerard Diffley,...
Oct 6, 2016 | False Claims Act, Health Care
On September 20, 2016, the Department of Health and Human Services’ Office of Inspector General (“OIG”) and Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule to amend the regulations governing state Medicaid Fraud Control Units (“MFCUs”). State...
Oct 6, 2016 | False Claims Act, Health Care
In a recent False Claims Act (“FCA”) case interpreting amendments to the FCA’s anti-retaliation provision, the Fourth Circuit Court of Appeals held that an employee who alleges that he or she was terminated for trying to stop an employer from violating the FCA must...
