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HTMLCloudy Skies Ahead for Providers? CMS’ Release of Medicare Billing Data Combined with Physician Payment Sunshine Act Data May Boost Fraud Litigation
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 9, 2014, previously published on June 4, 2014
In February 2013, we reported (on our Healthcare Law Blog) that the Centers for Medicare and Medicaid Services (CMS) announced the final rule for the Physician Payments Sunshine Act. In the interest of providing more transparency for patients, the final rule requires pharmaceutical and medical...

 

HTMLHow Are Your Physicians Compensated? Stark Law + False Claims Act = Halifax Paying $85 Million
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 26, 2014, previously published on May 21, 2014
On March 10, 2014, just days before trial, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) entered into an $85 million settlement with the U.S. Department of Justice resolving allegations that they violated the False Claims Act (“FCA”) by...

 

HTMLPotential Risks of Healthcare Joint Ventures Between Insurance Companies and Hospitals
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 23, 2014, previously published on May 21, 2014
Healthcare joint ventures are nothing new. Since the mid-2000’s, physician-hospital ventures have been resurgent, notwithstanding the Office of Inspector General’s skepticism regarding the risk of fraud and abuse when investors are sources of referrals and the filing of numerous...

 

HTMLUpdate on the Provider Self-Disclosure Protocol
Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 14, 2014, previously published on May 5, 2014
Since we last reported on the Provider Self-Disclosure Protocol (“Protocol”) issued by the Department of Health and Human Services, Office of the Inspector General (“OIG”), the entire Protocol has been revamped. Rather than being in the Federal Register, the Protocol is on...

 

HTMLNavigating the Provider Self-Disclosure Protocol
Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 28, 2012, previously published on December 26, 2012
Providers can voluntarily disclose potential fraud with respect to Federal health care programs-Medicare, Medicaid, and potentially private insurers to the extent Federal or state funds are involved-by following the Provider Self-Disclosure Protocol ("Protocol") issued by the Department...

 

HTMLNo Strings Attached: The Latest Expansion of the Lacey Act
Peter Morris, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 20, 2012, previously published on January 19, 2012
Importers of plants and plant products have good reason to be concerned about running afoul of the Lacey Act given the uncertainty created by 2008 amendments making violations of foreign law regarding plants a basis for violations under the Act. The recent saga of the Gibson Guitar Corp., maker of...

 

HTMLNew Qui Tam Ruling: Chalk One Up for the Defense
Charles L. Kreindler, Barbara E. Taylor; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 17, 2011, previously published on November 11, 2011
Under the Federal False Claims Act (“FCA”), the number of potential Relators is generally limited by the “first-to-file” rule (31 U.S.C. § 3730(b)(5)) which bars a second Relator from filing a qui tam complaint that is similar to a first Relator’s complaint, even...