Health Care Law News and Insights

Eleventh Circuit: Expert Disagreement With Clinical Judgment Of Care Provider Not Necessarily An Indication Of Fraud

Published: Oct 30, 2019
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The Eleventh Circuit’s recent decision in United States v. Aseracare, Inc., No. 16-13004 (11th Cir. Sept. 9, 2019) makes clear that reasonable minds can disagree in the exercise of clinical judgment without constituting actionable fraud in medical certifications for reimbursement by Medicare. The False Claims Act (FCA) allows the state and...

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Opioid Update: More Irons In The Fire

Published: Oct 15, 2019
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The Sixth Circuit activity continues to escalate as the MDL bellwether trial date approaches. In just the last week, since the Court of Appeals’ rare order requesting a response to Ohio's mandamus petition, we've seen: Judge Polster respond—energetically—to Ohio's mandamus petition, one day sooner than the deadline provided in the Court of Appeal's order;...

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Life Sciences Investors Beware

Published: Oct 15, 2019
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Private Equity Firm Settles Federal False Claims Act Suit Regarding Compounding Pharmacy It Managed On September 18, 2019, the Department of Justice announced a $21.36 million settlement to resolve a False Claims Act ("FCA") lawsuit alleging a fraudulent kickback scheme through which a pharmaceutical company (Patient Care America, or "PCA") induced doctors...

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