An Indiana Federal District Court just published an opinion on an issue of first impression in the Seventh Circuit, the ability of the government to reject or approve a settlement in a case in which they did not intervene. The court also opined on the ability of a whistleblower to... Continue Reading →Tags: False Claims Act, FCA, Howze, settlement, Sleep Centers, whistleblower
The Sixth Circuit Court of Appeals, in US ex rel. Sheldon v. Kettering Health Network, affirmed the dismissal of a False Claims Act (“FCA”) suit alleging fraud based upon certifications of compliance with the HITECH Act and a data breach. The HITECH Act, or Health Information Technology for Economic and Clinical... Continue Reading →Tags: 6th Circuit, certification, False Claims Act, FCA, HITECH Act, Kettering Health Network
In 2010, the False Claims Act (“FCA”) was extensively amended to limit the public disclosure bar and to expand the ability of whistleblowers to qualify as “original sources” in qui tam litigation. This month, the Fourth Circuit Court of Appeals took an in-depth look at both provisions, in the case US ex... Continue Reading →Tags: False Claims Act, FCA, original source, public disclosure, Third Circuit
CMS has released its final 60-Day Overpayment Rule, providing clarity to the 2010 Affordable Care Act (“ACA”) amendment to the False Claims Act (“FCA”) that created FCA liability for failure to repay identified overpayment within 60 days. This is a long-awaited rule that provides essential clarity to an amendment that,... Continue Reading →Tags: CMS, False Claims, False Claims Act, FCA, Retained Overpayments, rule
Some court decisions are so marvelous, so great at cutting through all the legal argument and theoretical absurdity, that they deserve to be quoted at length. On February 4, 2016, the Hon. Raymond M. Kethledge of the Sixth Circuit Court of Appeals wrote just such an opinion. What follows is the first... Continue Reading →Tags: actual damages, Damages, Davis-Bacon Act, False Claims Act, FCA, valueless
Katherine A. Kuchan, R.N. Hall, Render, Killian, Heath & Lyman, P.C. 111 East Kilbourn Avenue Suite 1300 Milwaukee, WI 53202 Phone: (414) 721-0479 Fax: (414) 721-0491 Email: kkuchan@hallrender.com vCard: Download vCard Biography Katherine Kuchan, a nurse and Shareholder in the firm, provides legal counsel to hospital systems, individual hospitals, inpatient rehabilitation facilities,... Continue Reading →Tags: False Claims Act, FCA, JD, Kuchan, RN
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 →Tags: False Claims Act, FCA, J. Patrick Garcia, Patrick Garcia
Hall, Render, Killian, Heath & Lyman, LLP 3015 Carrington Mill Boulevard, Suite 450 Perimeter Three Morrisville, NC 27560 Phone: (919) 447-4968 Email: lcheltenham@hallrender.com vCard: Download vCard BIOGRAPHY Laetitia Cheltenham is a licensed and nationally certified health care provider and health law attorney. She focuses her practice on advising clients on... Continue Reading →Tags: Benjamin A. Waters, Benjamin Waters, False Claims Act, FCA
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 →Tags: biography, False Claims Act, FCA, Ritu Cooper
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 →Tags: False Claims Act, FCA, FERA, HealthFirst, Ramos, reverse false claim