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Clinic Owner and Employee Posing as Doctor Sentenced to 28 Years Collectively for Conspiring to Illegally Prescribe Hundreds of Thousands of Opioid Pills

Dec 15, 2020 | Health Care, Medicare and Medicaid

On Thursday, December 10, 2020, the Department of Justice issued a press release regarding the sentencing of a Texas clinic owner and employee to 20 years and 8 years in prison, respectively, for their roles in a pill mill scheme.  The clinic owner, Baker Niazi, pled...

HHS Publishes Long-Awaited Stark Law and Anti-Kickback Statute Rules

Dec 1, 2020 | Health Care, Medicare and Medicaid

On November 20, 2020, the Centers for Medicare & Medicaid Services (CMS) published a draft of its final rule regarding Medicare’s physician self-referral law, colloquially known as the Stark Law.  On the same day, CMS also issued a press release and fact sheet...

False Claims Act: Will the U.S. Supreme Court Define “Falsity”?

Nov 20, 2020 | False Claims Act, Fraud Investigations, Government Investigations, Medicare and Medicaid

The federal False Claims Act (FCA) imposes liability for treble damages and civil penalties on “any person who [among other things] … knowingly presents, or causes to be presented, a false or fraudulent claim for payment” to the federal government or who...

CMS Revises Policy: Medicare Will Not Cover Multiple COVID-19 Tests Without Order

Aug 31, 2020 | COVID-19 Related Law, Health Care, Medicare and Medicaid

On August 25, 2020, the Centers for Medicare & Medicaid Services (CMS) issued a press release regarding the strengthening of COVID-19 surveillance and the publication of interim final rule CMS-30401-IFC.  Although the press release mainly addresses nursing home...

Multi-Million Dollar Kickback Settlements Continue Despite Covid-19

Aug 31, 2020 | False Claims Act, Fraud Investigations, Government Investigations, Health Care, Medicare and Medicaid, White Collar Crime

The federal Anti-Kickback Statute (AKS), at its core, prohibits offering, paying, soliciting, or receiving any remuneration in exchange for federal healthcare program referrals.  AKS violations carry potential criminal penalties, as well as civil and administrative...

HHS-OIG Issues Guidance On The Provision Of Free Covid-19 Antibody Testing By Clinical Laboratory

Aug 6, 2020 | COVID-19 Related Law, Fraud Investigations, Government Investigations, Health Care, Medicare and Medicaid

On August 4, 2020, the Office of Inspector General for the United States Department of Health and Human Services (OIG) updated its FAQs regarding the application of OIG’s administrative enforcement authorities to arrangements directly connected to the ongoing COVID-19...
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