Where’s the Crime in Providing Free Medical Care?

Can it be a crime to provide free medical care?  That’s the question presented by a post-conviction motion by the so-called King of Nursing Homes, Dr. V. Kuchipudi. Dr. K was convicted on nine counts of violating the Anti-Kickback Statute (AKS) and one count of conspiracy for an arrangement with now-defunct …

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Nurse’s Age Discrimination Case May Proceed

A California federal court has rejected a hospital’s motion for summary judgment in a case brought by a former nurse who claims she was fired for being too old. Seventy-year-old Lavon Ramsey had worked at Fairchild Medical Center for 14 years and was rated “commendable range” on her most recent …

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When Inside Knowledge Is a Handicap to a Whistleblower

Here’s a riddle: The whistleblower is a former employee of the defendant, with inside knowledge of the operations at the heart of his qui tam suit.  How can that inside knowledge be a handicap in pressing his claim?  A June 21 decision by a Massachusetts federal court provides an answer and an …

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Court Rejects Qui Tam Attack on Standard On-Call Contract

On June 10 the Third Circuit affirmed a lower court’s dismissal of a physician’s qui tam action against Pottstown Memorial Medical Center (PMMC) for violating the Anti-Kickback Statute (AKS) and False Claims Act (FCA).  And it’s a good thing because the basis of his claim was an on-call coverage arrangement …

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False Claims Charges vs. Eye Clinic Sufficiently Specific

Michael Sorenson is an optometrist formerly employed by Outreach Diagnostic Clinic.  After he quit, he filed a False Claims action against the eye clinic and the two doctors who owned it.  He alleged that the clinic routinely billed Medicare for tonography (i.e., eye pressure) tests that were never performed and …

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8th Cir. Rejects Dr.’s Grab-Bag Retaliation Suit

Dr. Alaa Elkharwily lost his job at Albert Lea Clinic, but he didn’t go quietly.  He sued the clinic and eight related organizations and individuals alleging just about everything a terminated doctor can allege in Minnesota: defamation and violation of the Minn. Vulnerable Adults Act, EMTALA, the Minn. …

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