At first glance, it looks nonsensical. How could it be bad news for False Claims Act whistleblowers that the defendant pleaded guilty to violating that statute—to committing the very Medicare fraud the whistleblowers alleged? The explanation lies in two legal principles and one fact. First, there’s a …
Hospital Claim Dismissed for Want of Redressability
April 17, 2017 Leave a Comment
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 …
HHS Proposes 340B Dispute Resolution Process
August 24, 2016 Leave a Comment
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 …
Bill Would Extend CMPs to Federal Grants
July 7, 2015 Leave a Comment
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 …
DOJ/OIG Issue FY2014 Report: Health Fraud Recoveries and Case Filings Decline
March 19, 2015 Leave a Comment
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 …
Government Joins Lawsuit Against Florida Doctor Alleging Fraud and Kickbacks
January 5, 2015 Leave a Comment
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 …