• August 28, 2015

    NJ Court Revives Nurse's Disability Bias Claim In Split Ruling

    A nurse came out on the winning end of a rare split decision from the New Jersey Appellate Division on Friday that revived her disability discrimination suit against Saint Clare's Health System and found no clear evidence that she couldn't perform her job.

  • August 27, 2015

    UCLA Medical Data Breach Left Victim Depressed, Jury Hears

    A woman who sued the University of California, Los Angeles Health System after discovering that her ex-boyfriend's new partner accessed her medical records and texted them to others took the stand Thursday, saying the violation of her privacy left her "stressed, crying, depressed."

  • August 27, 2015

    Miss. Hospital Beats EEOC Suit Over Firing Of Injured Nurse

    A Mississippi federal judge on Thursday tossed a discrimination lawsuit filed by the Equal Employment Opportunity Commission against a Vicksburg, Mississippi, hospital, holding the commission failed to meet its burden that an injured nurse was protected by the Americans with Disabilities Act.

  • August 27, 2015

    Genesis Healthcare Faces FCA Row Over Unneeded Therapies

    Genesis Healthcare LLC is facing a consolidated False Claims Act suit brought by a group of therapists who claim the health care provider overcharged the government for therapies and put patients through unnecessary treatments to extract more money, according to a complaint unsealed Thursday in Pennsylvania federal court.

  • August 27, 2015

    Ill. Has 3 Weeks To Pay Medicaid Fees, Budget Crisis Or No

    A federal judge gave the state of Illinois three weeks to figure out how it's going to pay Medicaid providers that are in danger of falling through the cracks while the state continues to operate without a budget, saying on Thursday that she was reluctant to drag Gov. Bruce Rauner before the court for failure to comply with an earlier order.

  • August 27, 2015

    Nine More Join Immigrants' Suit Over Birth Certificates

    A Texas federal judge on Wednesday agreed to let eight families and a nonprofit join a suit accusing a Texas health agency of denying birth certificates to the U.S. citizen children of immigrant parents.

  • August 27, 2015

    Home Health Co. Owners Charged With $6M Medicare Fraud

    A federal grand jury has indicted the owners of a Chicago home health care business and others on 23 counts that they allegedly defrauded Medicare of more than $6 million following a kickback scheme, prosecutors said Thursday.

  • August 27, 2015

    Clerk’s Appeal Can’t Hold Up Marriage Licenses, 6th Circ. Says

    A Kentucky clerk who has refused to hand out any marriage licenses in protest of the U.S. Supreme Court’s landmark decision legalizing same-sex marriage nationwide must issue licenses while appealing her case, the Sixth Circuit ruled Wednesday.

  • August 27, 2015

    Texas Judge Exits Med Center FCA Suit Over Witness

    A Texas federal judge recused himself Wednesday from a False Claims Act suit against a medical center, days after the defendants revealed his cousin could be a key witness.

  • August 26, 2015

    Hospitals Look To Ax $220M Medicare Pay Cut

    Hundreds of hospitals are pressing a D.C. federal judge to vacate a $220 million annual pay cut tied to Medicare’s two-midnight rule on inpatient admissions, arguing it is the only fair remedy for allegedly egregious Administrative Procedure Act violations.

  • August 26, 2015

    Mich. Tribe, Feds Settle Health Care Contract Costs Row

    A Michigan federal judge on Wednesday closed a suit brought by the Saginaw Chippewa Indian Tribe of Michigan against the federal government after the parties agreed to settle claims that the Indian Health Service failed to pay the full amount of contract support costs it owed the tribe for providing health care services.

  • August 26, 2015

    Texas Jury Acquits Cancer Agency Exec In $11M Grant Row

    A Texas jury on Tuesday acquitted a former Cancer Prevention and Research Institute of Texas executive of a felony charge that he deceived the agency’s executive director and general counsel to get an $11.04 million grant approved for a pharmaceutical company.

  • August 26, 2015

    Texas AG Seeks To Nix Contempt Hearing After Policy Change

    Texas Attorney General Ken Paxton asked a federal judge to forgo an "unprecedented" contempt hearing over the state's delay in reissuing a death certificate listing a deceased man's husband as his spouse, saying that the state is now in compliance with the U.S. Supreme Court's ruling legalizing gay marriage.

  • August 26, 2015

    Medical Informatics Breach MDL Belongs In Kan., JMPL Told

    A man claiming he is one of nearly 4 million Americans whose personal information was stolen in a cyberattack on Medical Informatics Engineering Inc. told the U.S. Judicial Panel on Multidistrict Litigation on Tuesday that claims against the company should be consolidated in Kansas, not California as another plaintiff had requested.

  • August 26, 2015

    Freezing 'Untainted' Assets Stifles Defense, High Court Told

    The American Bar Association told the U.S. Supreme Court on Tuesday that freezing “untainted” financial assets could prevent criminal defendants from hiring the counsel they want and thus threaten the whole adversarial system, backing a woman charged with $45 million in Medicare fraud.

  • August 26, 2015

    Fla. Gay Marriage Suits Moot After Obergefell, State Says

    The state of Florida on Tuesday told a federal court that it should dismiss two cases fighting to legalize same-sex marriage, as the U.S. Supreme Court has already decided the matter and the state is already complying with the decision.

  • August 25, 2015

    Celgene Says High Court Ruling Limits Length Of FCA Suit

    The time period allowed in a whistleblower’s False Claims Act suit against Celgene Corp. should be cut in half following the U.S. Supreme Court’s ruling that a wartime pause on the expiration of government fraud claims does not apply to civil fraud cases, the company told a California federal court Monday.

  • August 25, 2015

    Austin Shells Out Atty Fees In Pregnancy Center Suit

    The city of Austin, Texas, has agreed to pay $461,000 to lawyers who successfully challenged the constitutionality of an ordinance requiring signs outside of pregnancy resource centers specifying they were not run by licensed health professionals.

  • August 25, 2015

    Medical Center Wants Judge Recused From FCA Suit

    A Texas medical center accused of engaging in a multi-year scheme to defraud government health care payers of millions of dollars asked the presiding judge to recuse himself Monday, citing a familial relationship with a key witness in the False Claims Act case.

  • August 25, 2015

    MedCap Receiver Reaches Deal With Debtor In Ponzi Fallout

    The receiver handling the fallout from Medical Capital Holdings Inc.’s alleged $2.2 billion Ponzi scheme has reached a deal to close out a clawback action and bankruptcy adversary proceeding against Pyramid Technologies Inc. and its principals, according to a filing in California court.

Expert Analysis

  • Hospital Chain Pays Heavily For Being Too Clever

    One substantive lesson from Doughramji v. Community Health Systems Inc. is that when a defendant in a False Claims Act qui tam case pays money for the release of a relator's claim, the relator will likely be entitled to reasonable attorneys' fees as a prevailing party unless the settlement agreement says otherwise — and says it unambiguously, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • TCPA Issues Familiar And Unique To Health Care Providers

    Lewis S. Wiener

    Many of the issues facing health care companies under the Telephone Consumer Protection Act are similar to other industries — consent and the scope of that consent, reassigned numbers, opt-outs and large potential exposure to statutory damages. However, the Federal Communications Commission's recent TCPA order also holds a new exemption for the health care industry, say attorneys at Sutherland Asbill & Brennan LLP.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • Mitigating FCA Whistleblower Risk When Employees Leave

    David Pivnick

    Effective exit interviews and questionnaires can be an important component in preventing and hindering future False Claims Act litigation. It is important to make departing employees feel comfortable revealing not only specific fraudulent activity, if identified, but also general disquiet about the company’s compliance culture, say members of McGuireWoods LLP, Duff & Phelps LLC and Axiom Law.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • 1st Of Its Kind FCA Settlement May Not Be Last

    Andrew J. Finan

    The U.S. Department of Justice is claiming the settlement agreement with Pediatric Services of America Inc. is a “first of its kind” settlement because it is the first involving a health care provider’s failure to investigate, report and repay overpayments received from federal health care programs under Section 6402 of the Affordable Care Act. While the agreement may be the first of its kind, it likely won't be the last, says Andr... (continued)

  • FDA's Focus On Drug Appearance May Cause Ugly Problems

    Jeffrey A. Wolfson

    The U.S. Food and Drug Administration's recent final guidance on the size, shape and physical characteristics of generic-manufactured tablets may make pills easier for patients to swallow, but is not likely to help ongoing generic drug pricing and shortage problems in the supply chain, say Jeffrey Wolfson and Evert Tu at Haynes & Boone LLP.

  • OIG Says Certain Free Drug Starter Programs May Be OK

    Joseph W. Metro

    The U.S. Department of Health and Human Services Office of Inspector General's recent advisory opinion on a program that provides a drug at no cost for a limited time to patients experiencing insurance approval delays confirms an important principle that, under the right circumstances, free product starter programs can be a legitimate mechanism to facilitate patient access, say Joseph Metro and Jacquelyn Godin at Reed Smith LLP.

  • A Tale Of 2 Cases Shows Dilemma Over Workplace Violence

    Mark A. Lies II

    The Ninth Circuit's ruling in Mayo v. PCC Structurals Inc. and an Occupational Safety and Health Review Commission administrative law judge's decision in Secretary of Labor v. Integra Health Management Inc. illustrate the competing liabilities health care employers face in their decision-making when responding to workplace violence, say Mark Lies II and Craig Simonsen of Seyfarth Shaw LLP.

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.