Criminal Conviction Leaves Defendant Defenseless in FCA Civil Action

Pity Dr. Christina Clardy.  In 2011 she was convicted of health care fraud, sentenced to 135 months in prison, and ordered to pay $16 million in restitution.   Then in 2014 the government added Christina as a defendant in its pending False Claims Act (FCA) civil action against her cronies in the physical …

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9th Circ. Relaxes Requirements for “Original Source” Whistleblowers

The False Claims Act makes it illegal to obtain government money through false claims.  Under the Act a private party, known as a relator, may bring a civil suit on the government’s behalf against an entity that has allegedly violated the Act.  A relator stands to take home up to 30% of the amount the …

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Fraud So Complicated It Takes a Neurosurgeon

Generally, when a doctor is convicted for fraud, the misdeeds are limited to a single category of fraud.  Maybe the doctor charged for procedures that weren’t performed; maybe there were kickbacks for referrals; or maybe self-referrals were involved. But last Friday a doctor in Michigan pleaded guilty to a …

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OIG Advises that Exclusive Lab Referral Arrangement May be a Kickback

The Department of Health and Human Services Office of Inspector General (OIG) released an advisory opinion (No. 15-04) today that states a proposed arrangement to provide free laboratory tests for certain patients of associated physician practices could implicate the federal anti-kickback law. An unnamed …

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It’s Risky to Bill Over 24 Hours in a Day

Remember the old joke about the lawyer standing at the pearly gates?  He says he’s 52.  St. Peter answers, “That’s strange.  According to your time records, you’re 89.” Apparently, home health provider Doris Betts, of Kansas City, Kansas, hadn’t heard the joke—or didn’t get it.  So when the …

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U.S. Accuses NYC of Massive Fraud in Program for Developmentally Challenged Toddlers

It’s the city that never sleeps.  So when it does something, it can do it in a big way.  That applies to Medicaid fraud, according to a suit filed yesterday by the U.S. Attorney for the Southern District of New York. The city also has a tough-as-nails reputation.  So maybe we shouldn’t be too surprised …

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