Health Law Advisor

FEBRUARY 3, 2022

billion, FY 2021 marks DOJ’s largest annual total FCA recovery since FY 2014, and more than twice the $2.3 According to DOJ’s statistics, the government paid out $238 million to relators in FY 2021, the lowest number since FY 2008. With collections amounting to $5.6 billion received in FY 2020.

Fraud 52

Fraud COVID-19 Governance Medicare 52

Healthcare IT Today

NOVEMBER 4, 2022

EHR vendor Modernizing Medicine has agreed to pay $45 million to the federal government to settle a whistleblower suit alleging that the vendor engaged in varied kickback schemes as well as causing its provider customers to submit false claims. The lawsuit was filed in 2017 by law firms Phillips and Cohen LLP and Downs Rachlin Martin PLLC.

Governance 72

Governance Fraud 72

Healthcare Compliance Blog

MARCH 31, 2022

The agencies received millions of dollars in funding from Medicaid, which is funded in part by the federal government, and much of that money was meant to pay the wages and benefits of their aides. million to New York State for conduct between 2014–2017. It can also include health insurance, pension plans, or educational assistance.

Medicaid 59

Medicaid Medicaid Governance Fraud 59

Healthcare Law Today

JANUARY 11, 2023

The government alleged that, between April 2014 and April 2019, Jet Medical introduced devices into interstate commerce that were misbranded under the Federal Food, Drug and Cosmetic Act (FDCA) because Jet Medical did not obtain approval or clearance from the U.S. Food and Drug Administration (FDA) prior to distribution.

FDA 59

FDA Governance Medicare Medicare 59

Provider Trust

JULY 26, 2022

On June 7, 2022, Theresa Pickering of Norcross, Georgia was indicted by a federal grand jury on federal charges of health care fraud, aggravated identity theft, and distribution of controlled substances. In addition to these allegations of fraud, waste, and abuse, Pickering had a history of fraud. According to the U.S.

Licensing 52

Licensing Fraud Compliance Nurses 52

Hall Render

FEBRUARY 27, 2023

The government initiated 296 FCA cases on its own last year without input of a relator, which is the highest volume of DOJ initiated cases since the 1986 FCA amendments. This has been a growing trend in health care enforcement, and health care fraud remained the leading source of all FCA cases in 2022. COVID-10 Related Fraud.

Nursing Homes 40

Nursing Homes Fraud Medicaid Medicaid 40

Healthcare Law Today

JANUARY 2, 2023

” The currently proposed provision has similar effect to the language CMS proposed in 2012 and, after consideration of comments, ultimately rejected in the 2014 Final Rule (Medicare Advantage and Part D) and 2016 Final Rule (Medicare Part A and Part B). The FCA is a fraud statute, requiring intent. 3729(b)(1)(A).

Overpayment 52

Overpayment Overpayments ACA Medicare 52

Healthcare Law Blog

FEBRUARY 13, 2023

Inside and outside healthcare counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections afforded to attorney-client communications, In re Grand Jury. [1] 2014), the D.C. For example, consider physician compensation.

Compliance 52

Compliance Fraud Governance 52

AIHC

JUNE 3, 2024

Elder Abuse is a Serious Problem According to the Centers for Disease Control (CDC) and other government agencies (DOJ, FBI), elder abuse is a serious problem in the United States. Overall firearm-specific older adult homicide rates increased between 2014 and 2017. Of the 6,188 victims, 62% were male. seniors account for $3.4

Elder Abuse 52

Elder Abuse Compliance Nursing Homes Compliance Officers 52

Healthcare Law Blog

MAY 16, 2022

Enrollee Participation in Dual Eligible Special Needs Plan (“D-SNP”) Governance (§ 422.107). CMS believes its proposals would improve Federal and State oversight of D-SNPs (and their affiliated MCOs) through greater information-sharing among government regulators.

Medicare 52

Medicare Medicare Medicaid Medicaid 52

Health Populi

JANUARY 5, 2021

Shkreli was ultimately convicted on securities fraud (not related to the Draprim pricing strategy). government. (In When he led Turing Pharmaceuticals in 2015, he acquired a license for the drug Daraprim (an anti-malarial therapy also used for HIV/AIDS), raising the drug price from $13.50 a pill to $750 a pill. health care system.

COVID-19 62

COVID-19 COVID-19 Vaccine Public Health Doctors 62

Drug & Device Law

MARCH 19, 2024

Plaintiff had surgery in 2014 in which the clips were used. Plaintiff was missing any “indicia of fraud, wrongdoing, domination, misuse, or subversion of corporate formalities. Shortly thereafter she began experiencing several adverse symptoms, including pain. In 2021, a CT scan revealed the clips had migrated.

FDA 52

FDA Fraud Doctors Governance 52

Drug & Device Law

NOVEMBER 10, 2023

These class certifications combined 428 different pharmaceutical products, produced and marketed by 28 separate defendants, with claims governed by the laws of 52 separate jurisdictions. A procedural rule, such as Rule 23 governing class actions, should not, and legally cannot , change that result. Valsartan , 2023 WL 1818922, at *24.

FDA 59

FDA Governance Fraud 59

Drug & Device Law

MARCH 31, 2023

Opposing attempts to use False Claims Act litigation to adjudicate scientific debate, here , in 2014. Scientific literature about the risks and benefits of prescription medical products does not – at least in the absence of academic fraud such as the actual falsification of data (see, here ) – subject the speaker to tort liability.

Medical Personnel 59

Medical Personnel COVID-19 Fraud Doctors 59

Drug & Device Law

JULY 6, 2022

West Virginia mesh MDL in 2014. In short, North Carolina has uncommonly sensible laws governing product liability. In addition, the fraud/fraudulent concealment claims in King flunked the specificity requirement of Fed. The King complaint was initially filed in the S.D. The defendant was headquartered in New Jersey.

Fraud 59

Fraud Doctors Governance 59

Drug & Device Law

MARCH 3, 2022

have dockets heavy on administrative cases and other cases involving the functioning of the federal government and light on product liability cases. Indian Ocean, on March 8, 2014 , 352 F. With more than eight years on the federal bench, that is not many decisions. Part of that may be that the D.D.C. Even the D.C. 3d 129 (D.D.C.

FDA 59

FDA Fraud Governance 59

Drug & Device Law

FEBRUARY 24, 2022

341 (2001), stands for the proposition that only the federal government may enforce the Food, Drug, and Cosmetic Act and that any state-law claim that depends on the existence of the FDCA is impliedly preempted by 21 U.S.C. § 2014); Caplinger v. Plaintiffs’ Legal Committee , 531 U.S. Medtronic, Inc. , 3d 1026, 1034 n.22 Riley , 625 F.

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FDA Governance Fraud 72