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Federal Court Denies Plaintiff’s Attempt to Name CEO as Defendant In FCA Retaliation Suit

Posted on December 27, 2017, False Claims Act

On December 6, 2017, U.S. District Judge Andrew L. Carter Jr. (Southern District of New York) held that a False Claims Act (FCA) whistleblower could not name his boss as an individual defendant in a suit alleging unlawful retaliation. The plaintiff, Gerard Diffley, was the chief operating and compliance officer at Bostwick Laboratories. He obtained […]

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CMS AND OIG PROPOSE CHANGES TO REGULATIONS GOVERNING STATE MEDICAID FRAUD CONTROL UNITS

Posted on October 6, 2016, False Claims Act Health Care

On September 20, 2016, the Department of Health and Human Services’ Office of Inspector General (“OIG”) and Centers for Medicare and Medicaid Services (“CMS”) issued a proposed rule to amend the regulations governing state Medicaid Fraud Control Units (“MFCUs”). State MFCUs, which receive federal funding and are subject to federal regulation, have become increasingly active […]

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FOURTH CIRCUIT ISSUES RULING RELATING TO FALSE CLAIMS ACT ANTI-RETALIATION AMENDMENTS

Posted on October 6, 2016, False Claims Act Health Care

In a recent False Claims Act (“FCA”) case interpreting amendments to the FCA’s anti-retaliation provision, the Fourth Circuit Court of Appeals held that an employee who alleges that he or she was terminated for trying to stop an employer from violating the FCA must demonstrate that his or her efforts were based upon an objectively […]

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