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Anti-Kickback Statute Enforcement Year in Review and Outlook for 2021

I. Introduction - While 2020 was a year like no other in many ways, the challenges posed by the global COVID-19 pandemic do not appear to have stalled the Department of Justice’s (DOJ) health care fraud enforcement...more

Fraud Emerges as Telemedicine Surges: Compliance Guidance for Telemedicine Providers

Telemedicine providers – whether they are established or new to the space – should examine the type of conduct DOJ has recently focused on and adapt their compliance systems accordingly. Providers should also consider the...more

It’s All Hands on Deck in Prosecuting COVID-19 Fraud

As scientists around the globe team up to discover and develop treatments and vaccine candidates for COVID-19, we are also seeing unprecedented speed and coordination in the effort to quell a different kind of virus — the...more

Third Circuit Provides Defense for FCA Claims Concerning Pre-2010 Conduct

On June 18, the Third Circuit affirmed a District of Delaware decision dismissing a False Claims Act (FCA) case against Medco Health Solutions, Inc. because the relator was not an original source of the information underlying...more

New Compliance Challenges Arise as Prosecutors Pursue Novel Health Care Fraud Theories

On April 9, after four days of deliberations, a jury returned guilty verdicts for seven defendants in United States v. Beauchamp, No. 16-cr-00516-D (N.D. Tex. 2016). ...more

Relators Continue to Face Pleading Hurdles in FCA Cases Post-Escobar

The Northern District of Illinois is the latest court to grant a defendant’s motion to dismiss in a False Claims Act (FCA) case, after the relator failed to meet the substantial pleading burden established in the U.S. Supreme...more

Lessons From a Year of Escobar

It has been one year since the U.S. Supreme Court’s landmark ruling in Universal Health Services v. United States ex rel. Escobar, which resolved a circuit split as to the validity of the implied false certification theory...more

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