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The False Claims Act and Health Care: 2023 Recoveries and 2024 Outlook

On 22 February 2024, the US Department of Justice (DOJ) published the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2023. The DOJ announced that the “government and whistleblowers were party to 543...more

The False Claims Act and Health Care: 2022 Recoveries and 2023 Outlook

On 7 February 2023, the US Department of Justice (DOJ) publicly reported the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2022. While the DOJ emphasized in its accompanying press release that “the...more

Health Care Triage: Stark Law and the Anti-Kickback Statue Under the False Claims Act

In this episode, Norman Acker, Nora Becerra, and Katherine Rippey discuss the False Claims Act as it relates to Stark Law and the Anti-Kickback Statue. They analyze the Wheeling Hospital case and the Catholic Medical Center...more

Qui Tam Quarterly - EHR Systems: a Step Forward for Patients but a Compliance and Enforcement Minefield for Health Care Providers

Information is power, but the consequences of mismanaging information in the health care industry can be severe. Electronic Health Record (EHR) systems provide comprehensive real-time patient medical information in an...more

Qui Tam Quarterly - Hunting Telehealth Fraud Under Covid-19 Waivers and Expansion

Over the COVID-19 pandemic, telehealth has evolved from an infrequent method of providing health care services that was often abused into a vital tool used by providers to connect with patients. This article examines...more

Veteran Affairs Auditing US$35 Billion in Payments to Community Care Providers

The Department of Veteran Affairs (VA) has long outsourced care for veterans that the VA could not provide and for veterans’ emergency care (community care). Over the past decade, the VA has experienced significant...more

The False Claims Act and Health Care: 2020 Recoveries and 2021 Outlook

False Claims Act (FCA) civil fraud recoveries in Fiscal Year (FY) 2020 dropped over US$850 million when compared to those in FY 2019. While the more than US$2.2 billion in recoveries in FY 2020 continued a general downward...more

White Paper: OIG Finalizes New and Revises Existing AKS Safe Harbors and Creates New CMP Law Exception

On 2 December 2020, the Office of Inspector General (OIG) in the U.S. Department of Health & Human Services (HHS) issued a long-awaited final rule (the Final Rule or Rule). The Final Rule adds multiple new safe harbors,...more

Qui Tam Quarterly - COVID-19 and the Big-Data Revolution of Health Care False Claims Act Litigation

This edition of Qui Tam Quarterly focuses on: - the history of big data in health care FCA investigations and litigation; - how the government has increased its ability to gather health care claims data and use it to...more

COVID-19: K&L Gates Triage: COVID-19 and Social Determinants of Health -- A Closer Look at the Disparate Impact of COVID-19 on...

In this episode, Mary Beth Johnston and Nora Becerra discuss recent COVID-19 federal data and the disparate impact of the disease on ethnic and racial minorities; they examine the data through the lens of social determinants...more

COVID-19: Labs Beware! – EKRA Expands DOJ’s Enforcement Arsenal in the COVID-19 Fraud Battle

I. INTRODUCTION - As discussed in recent alerts, federal and state authorities have focused their enforcement efforts on combatting fraud related to the COVID-19 pandemic....more

BIPA Trending: Illinois Biometric Privacy Act Litigation Once Again On the Rise

K&L Gates has previously issued client alerts related to Illinois’ Biometric Information Privacy Act (“BIPA”), and the lawsuits that have been filed against companies that allegedly collect, store, and/or use biometric...more

Spokeo Fails Facebook: Privacy Violation Held to Constitute Concrete Harm Under Illinois Biometric Information Privacy Act

On Monday, February 26, 2018, the United States District Court for the Northern District of California denied defendant Facebook’s motion to dismiss In re Facebook Biometric Information Privacy Litigation, finding plaintiffs...more

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