Analysis, commentary, and the latest developments in health care law and policy
WANT TO KNOW HOW THE DOJ’S BRAND MEMO MAY GIVE HEALTH CARE CONTRACTORS A NEW AVENUE OF DEFENSE IN FCA LITIGATION? READ “DOJ: PUTTING LIMITS ON GUIDANCE” TO FIND OUT
Crowell & Moring has issued its seventh-annual “Litigation Forecast 2019: What Corporate Counsel Need to Know for the Coming Year.”
The …
The Government Accountability Office (GAO), in a letter to members of Congress, found that the implementation of the Transitional Reinsurance Program by the U.S. Department of Health and Human Services (HHS) violates the Affordable Care Act.
The Transitional Reinsurance Program is one of three premium stabilization programs authorized by the Affordable Care Act (ACA),…
In a December 10 decision, the United States District Court for the Southern District of Texas granted partial summary judgment in favor of a pharmaceutical company in a qui tam action – holding that the Relators’ discovery responses demonstrated that they could not prevail at trial on certain FCA claims.
Among other things, Relators alleged that Solvay Pharmaceutical, Inc. (SPI) violated federal and Texas false claims act statutes predicated on violation of the federal Anti-Kickback Statute (AKS), 42 U.S.C. § 1320a-7b(b). Relators alleged that SPI’s sales team paid physicians in gifts, lavish events, cash, gift cards, speaking engagements, and services, for over a decade, to induce them to write prescriptions for drugs that were reimbursed by the government.
After close of discovery, SPI filed a motion for partial summary judgment. SPI argued that: …
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Over 40 percent of money recovered by the Department of Justice from False Claims Act (FCA) suits involve fraud against federal health care programs. More importantly, nearly 89 percent of all new FCA matters in 2014 originated qui tam lawsuits brought by whistleblowers.
Developments in FCA jurisprudence have innumerable consequences for the health care industry,…
