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...
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...
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...
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...
Jul 30, 2020 | COVID-19 Related Law, Government Investigations, Health Care, Medicare and Medicaid
On March 27, 2020, President Trump signed into the law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The CARES Act includes a Provider Relief Fund (“PRF”) with more than $100 billion to reimburse eligible providers for healthcare-related...
Jul 6, 2020 | False Claims Act, Fraud Investigations, Government Investigations, Health Care, Medicare and Medicaid
On June 26, 2020, the Eleventh Circuit Court of Appeals reinstated part of a $348 million verdict awarded pursuant to the False Claims Act (FCA). The court also held that a qui tam plaintiff may have standing to bring an FCA claim even after entering into a litigation...
