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New standard of proof for implied certification liability under FCA
The Supreme Court’s unanimous decision in Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7 (U.S. June 16, 2016) upholds the viability of the implied certification theory of...
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How much does it cost to identify and repay federal health plan overpayments...
Roughly $2.95 for each $1 overpaid (plus legal costs and the overpayment) based on an August 24, 2016, U.S. Attorney’s Office press release regarding settlement of State of New York, ex rel. Robert P....
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Don’t miss Emerging Issues in Healthcare Law
Emerging Issues in Healthcare Law is coming to the Big Easy. The American Bar Association’s 18th annual conference is slated for New Orleans March 8-11. Husch Blackwell is a platinum sponsor of this...
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Warning EHR Vendors: Evaluate Certifications and Sales/Marketing Activities...
The Department of Justice (DOJ) recently announced a $155 million settlement agreement with an electronic health records (EHR) vendor, eClinicalWorks (ECW), to settle False Claims Act allegations...
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OIG Turns Focus to Providers for Improper Meaningful Use Payments
On June 12, 2017, the Department of Health and Human Services Office of Inspector General (OIG) published a report with the objective of determining whether the Centers for Medicare & Medicaid...
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OIG Rescinds Favorable Advisory Opinion for Patient Assistance Charity,...
The Inspector General took an unprecedented step Tuesday, rescinding a favorable Advisory Opinion first issued in 2006 that had provided assurances to the patient assistance charity, Caring Voice...
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DOJ Signals More Liberal Exercise of Power to Dismiss Qui Tam Actions under...
On January 10, 2018, citing costs associated with record increases in the number of qui tam actions filed under the False Claims Act, the Department of Justice issued a memorandum[1] to certain DOJ...
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Texas Health & Human Services Proposes Amendments to Fraud and Abuse Rules
As provided in the Texas Register on March 22, 2019, the Texas Health and Human Services Commission (“HHSC”) has proposed several amendments to Title 1 of the Texas Administrative Code, which include...
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New CMS Disclosure Rule Implemented
The Centers for Medicare and Medicaid Services (CMS) recently issued a final rule that includes several anti-fraud measures and significantly enhances the agency’s authority to exclude new and current...
View ArticleHospital Turns Tables on Whistleblower: Federal Judge Sends Hospital’s Case...
In the world of qui tams, it is usually the whistleblower pushing cases to trial. But on February 23, 2023, a federal judge in West Virginia set down for trial a hospital’s case against a...
View ArticleShould Healthcare Providers Give Law Enforcement Protected Health Information...
For years, law enforcement has bypassed traditional means of securing evidence by informal requests for documents from witnesses of crimes. At some point, that practice bled over into informal requests...
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