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Searching Content indexed under Food, Drugs, Healthcare, Life Sciences by Laura McLane ordered by Published Date Descending.
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1
Third Circuit Perpetuates Tuomey's Controversial Stark Law "Volume Or Value" Standard
In U.S. ex rel. J. William Bookwalter, III, M.D. et al. v. UPMC et al., the US Court of Appeals for the Third Circuit endorsed two controversial interpretations of the Stark Law's...
United States
11 Oct 2019
2
Healthcare Enforcement Quarterly Roundup | Q2 2019
In this second installment of the Healthcare Enforcement Quarterly Roundup for 2019, we cover several topics that have persisted over the past few years and identify new issues that will shape
United States
3 Sep 2019
3
Health Care Enforcement Quarterly Roundup | Q4 2018
This latest installment of the Health Care Enforcement Quarterly Roundup reflects on trends that persisted in 2018 and those emerging trends that will carry us into 2019 and beyond.
United States
8 Feb 2019
4
Health Care Enforcement Quarterly Roundup | Q3 | September 2018
In the latest installment of Health Care Enforcement Quarterly Roundup, we examine key enforcement trends in the health care industry that we have observed over the past few months. In this issue,
United States
9 Oct 2018
5
Health Care Enforcement Quarterly Roundup Q3 | September 2018
In the latest installment of Health Care Enforcement Quarterly Roundup, we examine key enforcement trends in the health care industry that we have observed over the past few months.
United States
9 Oct 2018
6
Health Care Enforcement Quarterly Roundup (October 2018)
In the latest installment of Health Care Enforcement Quarterly Roundup, we examine key enforcement trends in the health care industry ...
United States
9 Oct 2018
7
Health Care Enforcement Quarterly Roundup - July 2018
Over the past 18 months, we have closely monitored the Trump administration's approach to health care enforcement issues, with a particular focus on whether prosecution of the False Claims Act (FCA) ...
United States
25 Apr 2018
8
DOJ Continues Action Against Medicare Advantage Plans, Showing Increased Focus On Intersection Of The FCA And Managed Care
Last year, DOJ intervened in United States ex rel. Poehling v. UnitedHealth Group., Inc. (C.D. Cal.). In this case, DOJ alleged FCA violations relating to Medicare Advantage ....
United States
23 Apr 2018
9
Private Equity Sponsor Named As FCA Defendant
DOJ also made news in February 2018 when it named a private equity firm as a co-defendant in United States ex rel. Medrano and Lopez v. Diabetic Care Rx, LLC d/b/a Patient Care America, e ...
United States
23 Apr 2018
10
DOJ Leadership Reaffirms Expanded Enforcement Of The FCA To Combat Opioid Epidemic
In his March 2018 confirmation hearing, President Trump's nominee to head DOJ's Civil Division, Joseph "Jody" Hunt, signaled that DOJ would continue with its aggressive enforcement of the FCA.
United States
23 Apr 2018
11
Guidance On Guidance: DOJ Limits Use Of Agency Guidance Documents In Civil Enforcement Cases
In a two-page memorandum, the US Department of Justice (DOJ) announced a broad policy statement prohibiting the use of agency guidance documents as the basis for proving legal violations in civil ...
United States
21 Feb 2018
12
Sixth Circuit Revives Home Health Qui Tam Based On Pre-Escobar Standards; Dissent Criticizes Majority For Engaging In Rulemaking
The Sixth Circuit reversed dismissal of a relator's False Claims Act (FCA) claims against providers of home health services in U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc. et al.
United States
11 Oct 2016
13
Nurse-Relator's Personal Opinion About Medical Necessity Insufficient To Support FCA Complaint, Holds Seventh Circuit
On September 1, 2016, the US Court of Appeals for the Seventh Circuit largely affirmed dismissal of a relator's amended complaint pursuant to the particularity requirement of Fed. R. Civ. P. 9(b).
United States
14 Sep 2016
14
Eight Circuit Affirms Summary Judgment Grant Based On Reasonable Interpretation Of Ambiguous Regulation
Relator simply failed to submit evidence refuting AAKC's strong showing that its interpretation was objectively reasonable.
United States
15 Aug 2016
15
Another Court Rejects Claims Based On Differences Of Clinical Judgment; Also Rejects Extrapolation Attempt
On June 20, 2016, the United States District Court for the Northern District of Texas granted summary judgment in defendants' favor on all but her retaliation claims in relator's FCA suit...
United States
30 Jun 2016
16
Second Circuit Deals Blow To Off-Label Marketing Claims
The Polansky case is not the first time the Second Circuit has rejected an off-label marketing theory as a basis for liability.
United States
27 May 2016
17
Recent District Court Decision Highlights FCA's Effective But Underutilized "Government Action" Bar
The relator in Bennett alleged that the defendant, Biotronik, paid doctors to enroll patients in studies that lacked scientific and medical value, as a result of which doctors prescribed Biotronik's cardiac devices.
United States
29 Apr 2016
18
District Of Massachusetts Rejects Relators' Attempt To Convert Products Liability Theory Into FCA Claim
On February 2, 2016, U.S. District Court for the District of Massachusetts dismissed a complaint alleging sweeping allegations of purported fraud under the False Claims Act relating to hip replacement devices.
United States
9 Feb 2016
19
"Worthless Services" Claims Continue To Receive Serious Scrutiny
On October 5, 2015, the U.S. District Court for the Northern District of Illinois dismissed with prejudice a complaint alleging False Claims Act (FCA) and Illinois False Claims Act violations based on Medicaid billing...
United States
19 Oct 2015
20
Omnicare Decision Demonstrates That Relators Cannot Rely On Ambiguous Evidence Of Intent To Survive Summary Judgment, And Should Exercise Caution
On September 3, the U.S. District Court for the Southern District of Texas granted summary judgment in favor of Omnicare in United States ex rel. Ruscher v. Omnicare, Inc.
United States
20 Sep 2015
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