Hospital Claim Dismissed for Want of Redressability

The recent decision in Dignity v. Burwell is interesting for three reasons.  For one thing, it provides a reminder of the unfortunate fact that the acts (or inaction) of one party can adversely affect the fate of others—as when your dad punished all the kids for something only your stupid kid brother did. In …

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HHS Proposes 340B Dispute Resolution Process

From its inception the 340B program has been the subject of disputes between drug manufacturers and their safety-net hospital customers.  On August 12 HHS proposed an administrative process for resolving those disputes. Established in 1992, the 340B program requires manufacturers to enter into pharmaceutical …

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Bill Would Extend CMPs to Federal Grants

The bill known as the “21st Century Cures,” H.R.6, would extend Civil Monetary Penalties (CMPs) to cover false claims and false statements relating to grants, contracts, and other agreements funded by the Department of Health & Human Services (HHS).  Falsehoods relating to clinical trials appear to be a …

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DOJ/OIG Issue FY2014 Report: Health Fraud Recoveries and Case Filings Decline

In an annual report required by Congress and issued today, the Department of Health and Human Services (HHS-OIG) and Department of Justice (DOJ) detailed their FY 2014 results under their coordinated Health Care Fraud and Abuse Control Program (HCFAC Program). In FY 2014, approximately $3.3 billion was …

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Government Joins Lawsuit Against Florida Doctor Alleging Fraud and Kickbacks

In a move demonstrating the government’s continued aim to combat health care fraud through its Health Care Fraud Prevention and Enforcement Action Team (HEAT), the Department of Justice announced today that the government has intervened in two qui tam lawsuits against a Florida cardiologist, Dr. Asad Qamar, and …

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CMS Refuses to Count Family Practice Residents Who Train in Family Practice Settings

Last Friday Eastern Maine Medical Center sued Health & Human Services over the way CMS counted the number of residents in its graduate medical education program.  According to the complaint, CMS refuses to count some of the hospital’s family practice residents. Guess why. Because their training occurred …

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