Archive
False Claims Act
The Growing Causal Divide: But-For Causation in AKS/FCA Actions
From McGuireWoods, by Renee Kumon, Timothy Fry and Brett Barnett: The District of Massachusetts Court recently joined the Sixth and Eighth Circuits in requiring the government…
False Claims Act Risks for Cyber Device Manufacturers Arising Under New Requirements Subject to FDA Enforcement Beginning October 1, 2023
From GibsonDunn, by Winston Chan, Jonathan Phillips, Gustav Eyler, John Partridge, Christopher Rosina, Carlo Felizardo, and Nicole Waddick: The FDA approval process for digital health “cyber…
Federal Judge Rules Government Must Demonstrate “But-For” Causation for Anti-Kickback Statute Claims
From ArentFox Schiff LLP, by D. Jacques Smith , Randall A. Brater , Michael F. Dearington , Nadia Patel , Heather M. Zimmer: Chief Judge Dennis…
U.S. Supreme Court Declines to Clarify Key Provisions of the False Claims and Anti-kickback Statutes
From Stevens & Lee, by Charles Honart: The Supreme Court declined to resolve a circuit court split on the issue of causation, to wit, when a…
Complex AKS/Stark Complaint Survives Rule 9(b) Particularity Challenge – A Guide for FCA Complaints
Francis C. Oroszlan, Brett Barnett and Timothy Fry, for McQuireWoods: Generally, a complaint will survive a motion to dismiss if it states a plausible claim and…
The Shocking Truth About Neurostimulators and the Government’s Efforts to Recoup Payments
For much of the past decade, peripheral neurostimulator devices have been used liberally by some practitioners to treat chronic pain. In addition to pain relief, any…
Texas Company Agrees to Reimburse Medicare for Improper Billing Related to Neurostimulators
Spinal Decompression Clinic of Texas (“SDCT”) has agreed to pay $330,898.00 to resolve liability under the False Claims Act for the alleged improper billing of electro-acupuncture…
The United States and Tennessee Resolve False Claims Act Claims Relating to “P-Stim” Devices
A physician and two chiropractors agreed to pay the United States and Tennessee a total of $1.72 million to resolve liability under the False Claims Act…
Health care company owner to pay $1 million to settle False Claims Act case
The former owner of Providence Home Health and Providence Hospice has agreed to pay $1.05 million to settle claims she knowingly and willfully paid improper kickbacks…
Two charged in prescription and kickback scheme
An 11-count indictment unsealed on Friday charges former Kindred Home Health employee Amber Price, 37, and Christopher Cruz, 46, owner of a medical marketing business, CP…