Supreme Court Vets Wartime Tolling of FCA Statute of Limitations in Kellogg...
On January 13, 2015, the Supreme Court held oral argument in the closely followed case of Kellogg Brown & Root v. United States ex rel. Carter. Two questions with sweeping False Claims Act (FCA)...
View ArticleStates Continue to Develop False Claims Act Analogs
On February 6, 2015, both houses of the Maryland legislature introduced bills that would add Maryland to the growing list of states with their own version of the False Claims Act (FCA). If signed into...
View ArticleNew Medicare Bill Sails Through the House – Major Changes Looming If Senate...
On March 26, 2015, the House passed the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) by an overwhelming vote of 392-37. This is a critical bill for health care providers and attorneys...
View ArticleUpdate On False Claims Developments at the State Level
On March 21, 2015, the Maryland state senate passed a revised version of Bill No. 374, which, as previously noted, would create a state version of the federal False Claims Act (FCA) if signed into law....
View ArticleDistrict Courts Continue to Weigh the Admissibility of Statistical Samples
We previously posted about the court’s decisions in United States ex rel. Martin v. LifeCare Centers of America, Inc., No. 08-cv-251, 2014 WL 4816006 (E.D. Tenn. Sept. 29, 2014) and United States v....
View ArticleWhistleblower Wins Reinstatement Fight, Demonstrating the Need for Detailed...
In 2012, a jury concluded that Bayer Corporation (Bayer) unlawfully terminated a sales representative, Mike Townsend, because he reported to the Arkansas Attorney General that with the alleged...
View ArticleSupreme Court Rules on Wartime Tolling of FCA Statute of Limitations and...
On May 26, 2015, the Supreme Court issued a unanimous opinion in Kellogg Brown & Root v. United States ex rel. Carter (S. Ct. No. 12-1497), a case addressing several important issues under the...
View ArticleOIG Announces New Penalty and Exclusion Litigation Team to ‘Level the Playing...
The federal government’s health care fraud enforcement efforts expanded this week with an announcement by the Office of the Inspector General (OIG), of the U.S. Department of Health and Human Services,...
View ArticleWisconsin Repeals State FCA
On July 12, 2015, Wisconsin governor Scott Walker signed into law the budget passed by the state legislature the previous week. The budget included a short rider that repeals Wisconsin’s 2007 False...
View ArticleHuge Stark Law Hospital Settlements and Physician Culpability – The New...
After the federal government’s victory against Tuomey Hospital, we have seen an increasing number of large False Claims Act (FCA) settlements with hospitals involving Stark Law allegations. Despite the...
View ArticleCongressional Hearing Explores FCA Oversight and Reform
On April 28, 2016, the House Judiciary Committee’s Subcommittee on the Constitution and Civil Justice (Subcommittee) held a hearing on the False Claims Act (FCA). According to a statement of the...
View ArticleTenth Circuit Says “CMS Is Unfamiliar With Its Own Law” In Pursuing Home...
In many industries, but especially health care, the amount of regulation and guidance issued by the responsible agencies is tremendous and continues to grow. The Centers for Medicare and Medicaid...
View ArticlePredictions on False Claims Act Enforcement in the Trump Administration
While there are a number of executive policies that will be affected by the presidential election, there are several reasons to expect modest change in the government’s approach to False Claims Act...
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