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Florida Pain Doctor Settles False Claims Act Investigation Months After Partner Pleads Guilty to Kickback Scheme

Posted on December 27, 2018, False Claims Act

On December 20, 2018, the U.S. Attorney’s Office for the Middle District of Florida announced that a Fort Meyers-based pain doctor had agreed to settle a False Claims Act investigation. Dr. Jonathan Daitch agreed to pay over $1.7 million to resolve allegations that he violated the federal False Claims Act by receiving unlawful kickbacks associated […]

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New Federal Kickback Statute Poses Severe Risks for Clinical Laboratories That Pay Commissions to Sales and Marketing Personnel

Posted on December 27, 2018, False Claims Act

In October 2018, the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”) became effective. EKRA will have an immediate and significant effect on the marketing and sales activities of clinical laboratories, clinical treatment facilities, and recovery homes. EKRA, in relevant part, makes it a federal crime to knowingly and willfully: solicit or receive any remuneration […]

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AmerisourceBergen Agrees to Pay $625 Million to Settle Civil Fraud Claims

Posted on November 22, 2018, False Claims Act

The U.S. Department of Justice recently announced that AmerisourceBergen Corp. (ABC) and several of its subsidiaries will pay $625 million to settle various allegations that it illegally repackaged and sold adulterated and unapproved new drugs, and that it double billed for such items and paid illegal kickbacks. The settlement resolves allegations that ABC violated the […]

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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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