An Eighth Circuit decision provides a reminder that the False Claims Act doesn’t forbid submitting false claims: it forbids knowingly submitting false claims. That made all the difference in an appeal of summary judgment in favor of a physician group that, according to the relator, failed to comply with …
Court Rejects Qui Tam Attack on Standard On-Call Contract
June 15, 2016 Leave a Comment
On June 10 the Third Circuit affirmed a lower court’s dismissal of a physician’s qui tam action against Pottstown Memorial Medical Center (PMMC) for violating the Anti-Kickback Statute (AKS) and False Claims Act (FCA). And it’s a good thing because the basis of his claim was an on-call coverage arrangement …
False Claims Charges vs. Eye Clinic Sufficiently Specific
June 8, 2016 Leave a Comment
Michael Sorenson is an optometrist formerly employed by Outreach Diagnostic Clinic. After he quit, he filed a False Claims action against the eye clinic and the two doctors who owned it. He alleged that the clinic routinely billed Medicare for tonography (i.e., eye pressure) tests that were never performed and …
8th Cir. Rejects Dr.’s Grab-Bag Retaliation Suit
May 25, 2016 Leave a Comment
Dr. Alaa Elkharwily lost his job at Albert Lea Clinic, but he didn’t go quietly. He sued the clinic and eight related organizations and individuals alleging just about everything a terminated doctor can allege in Minnesota: defamation and violation of the Minn. Vulnerable Adults Act, EMTALA, the Minn. …
Attorneys Pay Heavy Price for Block-Billing
May 3, 2016 Leave a Comment
Lawyers are aware of the increasing sensitivity—and hostility—of clients to block-billing: lumping more than one activity into a single time entry. A new Fifth Circuit decision shows that courts can be equally sensitive—and hostile—to the practice. The court upheld an award of $739,000 in attorneys’ …