Department of Justice & HHS Announce Record Recoveries in 2011

On February 14, 2012, the Department of Health and Human Services (HHS) and the Department of Justice (DOJ) published a Report (a copy of which can be found here) touting recoveries of “[a]pproximately $4.1 billion stolen or otherwise improperly obtained from federal health care programs” in fiscal year 2011. This announcement was accompanied by a […]

Federal Qui Tam Complaint Charges LabCorp with Improperly Billing the Medicare System Billions

A federal judge in New York’s Southern District Court recently unsealed a federal qui tam complaint alleging that Laboratory Corporation of America violated the federal False Claims Act by providing kickbacks to UnitedHealthcare in the form of highly reduced prices on tests.  More specifically, the suit claims prices on tests were a third to half […]

Federal Decision Shows Inability to Rely upon CMS Approval

A recent decision by the U.S. District Court for the Middle District of Tennessee has significant implications on provider arrangements structured in reliance on the knowledge and approval of the Centers for Medicare and Medicaid Services (CMS). In U.S. ex rel. Williams v. Renal Care Group, the court analyzed the corporate structure between RCG Supply Company […]

US Supreme Court Rules in FCA, FOIA Case

On May 16, 2011 the US Supreme Court resolved a split among federal circuits and ruled in Schindler Elevator Corp. v. United States ex rel. Kirk that a federal agency’s response to a Freedom of Information Act (FOIA) request amounts to a “report” within the False Claims Act’s (FCA) pre-PPACA public disclosure bar and therefore […]

OIG Finds Various State’s False Claims Acts, Including New York’s, To Be Noncompliant

The term “qui tam” comes from the latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, which means “[he] who sues in this matter for the king as [well as] for himself.”  In our legal system, qui tam actions are brought by private individuals, or whistleblowers, with knowledge of […]

O&A Attorneys to Speak at the 2011 AAB Annual Meeting

Jeffrey J. Sherrin, Kurt E. Bratten and Charles C. Dunham, IV, will be speaking at the American Association of Bioanalysts‘ 2011 Annual Meeting and Educational Conference. The AAB’s Annual Meeting and Educational Conference is being held in Austin, Texas and runs from May 12 – 14, 2011. On May 12th, Kurt E. Bratten will be […]

Medline Settles False Claims Act Allegations for $85 Million In Spite of Government’s Failure to Intervene

Medline Industries, Inc. and its affiliated charitable foundation, The Medline Foundation, have just settled a whistleblower action brought by Sean Mason, a former employee, for $85 million. Mason alleged that Medline violated the False Claims Act by giving kickbacks to hospitals and other healthcare providers that purchase medical products under Medicare and Medicaid. Medline Industries […]

Federal District Court Clarifies False Claims Act Liability for Regulatory Violations

The United States District Court for the Northern District of New York recently dismissed with prejudice a complaint by a whistleblower against Dialysis Clinic, Inc. on the grounds that the relator could not plead details of any alleged false billing.  United States v. Dialysis Clinic, Inc., 5:09-CV-00710, 2011 WL 167246 (N.D.N.Y. Jan. 19, 2011). The […]