Three affiliated home health companies in Tennessee agreed to pay $1.8 million to settle False Claims Act (FCA) liability. That’s a lot of money, but it’s only about four percent of the $42 million in potential liability that, according to BNA, federal prosecutors say the homes faced for false Medicaid …
Finally, Recovery of Attorney Fees for Government Overreach
September 21, 2017 Leave a Comment
There are two major, interrelated reasons why government contractors, including Medicare providers, are so afraid of the False Claims Act (FCA). One is the draconian nature of the liability: treble damages plus up to $21,916 in penalties per claim. That means, for example, a knowing overcharge of $5 on a single …
Maybe the Yacht Was the Tip-Off
September 20, 2017 Leave a Comment
If you’re a surgical device distributor and you want to reward a surgeon for using your products on Medicare and Medicaid patients, you may want to choose a reward that’s less conspicuous than a yacht. That’s one lesson in the recent decision in US ex rel. Cairns v. D.S. Med. In denying defendants’ …
Ind. Upholds Reduction of Obese Decedent’s Life Expectancy
September 18, 2017 Leave a Comment
Actuarial tables put the life expectancy of a 31-year-old male at 46.5 more years. But when Christopher McDaniel died at 31, allegedly as a result of medical negligence, the court calculated his life expectancy at no more than six years and set damages accordingly. What’s the explanation? According to the …
Reverse Midas: Doctor Turns His $38K Debt into $65K Debt
September 6, 2017 Leave a Comment
Dr. Bob Halterman is something of a Midas-in-Reverse. His refusal to pay $38,000 he owed Johnson Regional Medical Center resulted in a $65,000 judgment in favor of the hospital. When the hospital recruited Dr. Bob, the parties executed three documents: a recruitment agreement, a promissory note for $50,000 …
It’s Not Always Obvious What’s Obvious
August 31, 2017 Leave a Comment
If you think it’s easy to determine what’s obvious and what’s not, take a look at the recent Federal Circuit decision in Millennium Pharmaceuticals v. Sandoz. The lower court had determined that a process was obvious. The circuit court held that it was not obvious and that the lower court’s determination …