J. Patrick Garcia

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Hall, Render, Killian, Heath & Lyman, P.C. 180 Admiral Cochrane Drive Suite 370 Annapolis, MD 21404 Phone: (443) 951-7043 Email: pgarcia@hallrender.com vCard: Download vCard Biography Patrick Garcia regularly advises clients on regulatory and compliance issues with a particular focus on fraud and abuse laws, including Anti-Kickback, Stark, and False Claims... Continue Reading →

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Benjamin A. Waters

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Hall, Render, Killian, Heath & Lyman, LLP Six Tower Bridge 181 Washington Street, Suite 400 Conshohocken, PA 19428 Phone: (484) 532-5672 Fax: (484) 532-5669 Email: bwaters@hallrender.com vCard: Download vCard Biography Mr. Waters brings unique insight to a client’s FCA litigation decisions based on his background representing relators. He has represented... Continue Reading →

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Ritu Kaur Cooper

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Hall, Render, Killian, Heath & Lyman, P.C. 1425 K Street, NW Suite 650 Washington, D.C. 20005 Phone: (202) 370-9584 Fax: (202) 370-9589 Email: rcooper@hallrender.com vCard: Download vCard Biography Ritu Kaur Cooper is a shareholder in Hall Render’s health counsel section. Her practice consists of representing health care providers such as... Continue Reading →

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The 60-Day Vulture Comes Home to Roost

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In a judicial opinion certain to rock the provider world, Judge Edgardo Ramos of the Federal District Court for the Southern District of New York denied a New York Health System’s (“Health System”) motion to dismiss the U.S.’s and New York State’s complaints in intervention under the federal False Claims... Continue Reading →

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The FCA, Advice of Counsel Defense and CMS Commentary Meets the Jury

A recent court decision had highlighted two issues on the cutting edge of health care and False Claims Act (“FCA”) law. Both address what happens in the transition from health care advice to health care litigation. The first is the application of the attorney client privilege and the advice of counsel... Continue Reading →

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New 7th Circuit FCA Case Is a Primer in Whistleblower Cases

The Seventh Circuit Court of Appeals just issued its decision in US ex rel. Nelson v. Sanford-Brown, Ltd.. This decision is sure to find its way into briefs and arguments for years to come in False Claims Act (“FCA”) cases. It touched upon many of the different ways a qui tam relator can... Continue Reading →

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FCA Cases Just Got Harder to Settle

On May 26, 2015, the United States Supreme Court issued its decision in Kellog Brown & Root Service, Inv. et al. v. United States ex rel. Carter, 575 U.S. ____ (2015), Case No. 12-1497. Most of the commentary on the case centers around the Court’s decision on the Wartime Suspension... Continue Reading →

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Another Circuit Rules on the Public Disclosure Bar

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Today the Sixth Circuit Court of Appeals joined several other Circuit Courts in finding that an administrative review, and even a repayment to the appropriate government oversight entity, did not qualify as a “public disclosure” under the False Claims Act’s public disclosure bar.... Continue Reading →

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N.D. Ill.: Upcoding Allegations Against Hospitalist Group Survive Motion to Dismiss

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A recent case out of the Northern District of Illinois Federal Court, US ex rel. Oughatiyan v. IPC the Hospitalist Company, Inc., demonstrates the high risk inherent in evaluation and management (E&M) coding for health care providers.... Continue Reading →

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Boilerplate Litigation and the False Claims Act

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Written by David B. Honig and Delphine P. O’Rourke Assertion of affirmative defenses creates risk for clients, attorneys and law firms.  Treating False Claims Act litigation like any other litigation will lead to the unnecessary expenditure of time and money and potentially sanctions. A recent decision out of the Southern District of Texas, United States ex rel. King v Solvay... Continue Reading →

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