In a miracle of bad timing, Jim Swoben managed to lose out on a share of the $322 million recovery against SCAN health Plan by being both too early and too late in filing his qui tam action. During his days as a data encounter manager at SCAN, Jim suspected the company had been double-billing Medicare and …
Ninth Circuit Denies Rehearing to St. Luke’s Health System
April 22, 2015 Leave a Comment
The Ninth Circuit will not reconsider its decision to force St. Luke’s Health System to unwind its purchase of Saltzer Medical Group, the largest physician practice group in the relevant Idaho market. The ruling leaves in place a victory for the Federal Trade Commission (FTC) in the merger row. In February, …
Federal Court Allows Hospital’s Antitrust Claims to Proceed on Narrow Market Definition
March 27, 2015 Leave a Comment
Winning an antitrust lawsuit hinges on defining the “relevant market,” and this case may prove the point. Methodist Health Services Corporation notched the first win in its battle against Saint Francis Medical Center as a federal court allowed Methodist’s suit to proceed despite a narrow market definition …
Ninth Circuit Upholds Ruling for FTC in Hospital Merger Challenge
February 10, 2015 Leave a Comment
The Ninth Circuit upheld a district court’s ruling ordering St. Luke’s Health System to unwind its purchase of the Saltzer Medical Group. The decision is another victory for the Federal Trade Commission (FTC) in its renewed focus on potential competition concerns in health care. The FTC originally sued to …
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 …
FDA Explains Decision Not to Seek Rehearing in Caronia
January 23, 2013 Leave a Comment
Yesterday FDA explained why it did not seek a rehearing of the Second Circuit’s December 3, 2012 decision in United States v. Caronia. In its decision (previously discussed here), the Second Circuit overturned the conviction of a sales representative for encouraging doctors to prescribe the suppressant Xyrem for …