Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the ninth episode of When Your Life Sciences Are on the Line, where leading practitioners and thought leaders share the insights and advice needed to manage business and legal risk in the life sciences sector.
In this episode, Kate and Nate speak with Adam Braverman, a partner in Morrison Foerster’s Investigations + White Collar Defense Group, about the use of the False Claims Act (FCA) to police sponsored genetic testing. They discuss the heightened scrutiny by the U.S. Department of Justice and the U.S. Department of Health and Human Services on genetic testing programs, which are crucial for diagnosing rare diseases but pose potential FCA risks due to the anti-kickback statute. Their conversation covers the recent favorable advisory opinions for sponsored genetic testing, and they discuss the key components of compliant testing programs and the need for safeguards against overutilization and improper inducements. Kate, Nate, and Adam conclude by using their experience as former federal prosecutors to offer strategic advice for life sciences companies navigating these legal challenges while continuing to deliver critical healthcare innovations. Listen to the podcast.
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