Court Rejects Claim that a Doctor’s Loss of Privileges is an Antitrust Injury

A federal appeals court held that a doctor who lost his privileges at a local hospital failed to establish an antitrust injury sufficient to confer standing under the Sherman Act. The United States Court of Appeals for the Third Circuit affirmed a district court ruling that Dr. Victor Novak could not show that he …

[Read more...]

Free Patient Parking May Trigger False Claims Act Violation

Who knew?  When you park for free at your doctor’s office, you may be a pawn in a scheme to violate the Anti-Kickback Statute, the Stark Law, and the False Claims Act.  It’s enough to make you sick. That’s one of the lessons of an August 14 federal court decision in Florida.  Whistleblower Thomas …

[Read more...]

Hospital Chain Pays Heavy Price for Being Too Clever

Finding that Community Hospital Systems had been “too clever by half” in negotiating a global settlement agreement for seven whistleblower suits, a federal judge ordered the chain to pay the attorneys’ fees of all the whistleblowers—not just the first to file.  That’s on top of the $97 million Community …

[Read more...]

OMG: Kim Kardashian Prompts FDA Warning Letter

Kim Kardashian recently trumpeted the beneficial effects of Diclegis, a pill indicated for the treatment of nausea and vomiting of pregnancy for certain women, to her over 42 million Instagram followers. One such Kardashian devotee apparently works at the U.S. Food and Drug Administration (FDA), which sent a …

[Read more...]

Court Adopts Tough Interpretation of 60-Day Repayment Rule

New York’s Mt. Sinai Hospitals can’t seem to catch a break in its long-running battle with whistleblower Bob Kane.  First, the government joined the case and wanted not just the $1,000,000 in Medicaid overpayments, but an additional $13,000,000.  Why $13,000,000?  Well, $1,000,000 trebled is $3,000,000; the …

[Read more...]

When Is a Hospital Not a Hospital?

When is a hospital not a hospital?  The Fifth Circuit provided an answer in a July 29 decision in favor of a nurse seeking insurance coverage for medical treatment at a residential treatment facility. Rebecca was a nurse at North Cypress Medical Center, in Texas.  Back in 2011 she was treated for an eating …

[Read more...]