Massive Spike in FCA Penalties

Posted on May 4, 2016 in Damages, Retained Overpayments, Settlement, Statutes and Regulations

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In November 2015, the Bipartisan Budget Act of 2015 went into effect. One aspect of that act was the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The new law required that the Program Fraud Civil Remedies Act and the False Claims Act (“FCA”) penalties be “corrected” to adjust... Continue Reading →

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Sixth Circuit Rejects HITECH FCA Complaint

Posted on March 14, 2016 in False Certification, Regulatory Noncompliance

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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 →

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Fourth Circuit Addresses Expanded Definition of “Original Source”

Posted on February 17, 2016 in Case Analysis, Legal Updates, Litigation Handbook, Original Source, Public Disclosure Bar

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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 →

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60-Day Overpayment Rule Released

Posted on February 11, 2016 in Legal Updates, Retained Overpayments, Reverse False Claims, Statutes and Regulations

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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 →

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“I refute it thus.” The FCA and “Valueless” Damages Claims

Posted on February 10, 2016 in Damages, False Certification, Statutes and Regulations, Worthless Services

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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 →

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Katherine A. Kuchan, R.N., J.D.

Posted on October 28, 2015 in Biographies

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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 →

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J. Patrick Garcia

Posted on October 25, 2015 in Biographies

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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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Laetitia L. Cheltenham

Posted on October 25, 2015 in Biographies

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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 →

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