February 23, 2020
United States Files False Claims Act Complaint against Community Health Network for Stark Law Violations
The US Department of Justice announced, on January 7, 2020, that it had filed a complaint against Community Health Network Inc. (Community) in Indiana claiming the health provider had submitted false claims to Medicare. Stark law prohibits medical providers from billing Medicare “for services referred by a physician with whom…
January 29, 2020
Teva Pharmaceutical Agrees to Pay $54 Million to Settle False Claims Act Kickback Charges
Fierce Pharma reported on January 7, 2020, that Teva, a drug maker, has agreed to pay the $54 million sum to settle a claim brought by a whistleblower that it paid kickbacks, in the form of sham consultant and speaker fees, to several doctors. The whistleblowers were two former sales…
January 25, 2020
Anti-Kickback Statute Safe Harbors
The Anti-Kickback Statute provides that doctors, hospitals, and other healthcare providers can’t induce medical providers to refer patients based on illegal inducements and incentives. Generally, payments of cash, payment above fair market value, and payments for services such as speeches that are never delivered or are worthless are considered kickbacks.…
January 23, 2020
Appellate Judge Sexually Harassed Women, Calif. Panel Says
The Olympian reported on January 13, 2020 that a California judicial panel fount that a judge on the California Appeals court “sexually harassed numerous women at the courthouse, including a fellow judge whom he repeatedly groped and propositioned over nine years.” The Justice, Jeffrey Johnson, could be removed from the…
January 3, 2020
Whistleblower Awarded $23 Million for His Role in the Settlement of An Office Depot False Claims Act Case
Whistleblowergov.org reported in 2015 that 1,000 public schools across California will receive the lion’s share of a $68.5 settlement of a California False Claims Act (FCA) case. Office Depot settled the case, without an admission of liability, based on allegations it “fraudulently overcharged California school districts for school supplies.” The…
January 3, 2020
What Is the Anti-Kickback Statute and How Does It Relate to the False Claims Act?
The federal Anti-Kickback Statute is a federal law that essentially provides that doctors can’t accept and healthcare entities (such as hospitals, pharmaceutical companies, medical suppliers, and laboratories) can’t offer remuneration - in order to obtain referrals. Medical referrals should be based on what is best for a patient and not…
January 3, 2020
US Department of Justice Announces that Louisiana Department of Health Will Settle Allegations of False Medicaid Claim Bills for Hospice and Nursing Home Car for $13.42 Million
On November 13, 2019, the US Department of Justice announced that the Louisiana Department of Health has settled claims that it submitted “false and inflated Medicaid claims for long-term nursing home and hospice care” for $13,422.550. The Assistant US Attorney General said that the Department of Justice’s Civil Division, which…
January 3, 2020
Kentucky Hospital to Pay over $10 Million to Resolve False Claims Act Allegations
The US DOJ announced on November 20, 2019 that Jewish Hospital & St. Mary’s Healthcare Inc., doing business as Pharmacy Plus and Pharmacy Plus Specialty (collectively, Jewish Hospital), of Louisville, Kentucky, agreed to settle allegations that they submitted false claims to Medicare – for the sum of $10,101,132. The allegations against…
January 3, 2020
Duke University Agrees to Pay U.S. $112.5 Million to Resolve Allegations of Scientific Research Misconduct under the Federal False Claims Act
The US Department of Justice announced on March 25, 2019 that Duke University in North Carolina has settled charges that it violated the federal False Claims Act for $112.5 million. The allegations included claims that the university falsified information on grant applications and progress reports for grants from the Environmental…
December 26, 2019
Massachusetts General Hospital Agrees to Pay a Former Surgeon Who Claimed Retaliation Cost Him His Job
Boston Business Journal reported on November 7, 2019 that Massachusetts General Hospital (MGH) agreed to pay an orthopedic surgeon the sum of $13 million to settle his claim that the hospital fired him in 2015 in workplace retaliation for raising concerns that patient safety was deficient. The doctor now works…