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Documents on Government, Pharmaceuticals, Health Care
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|Federal Judge Rules to Allow Extrapolation on More Than 50,000 Patient Admissions in FCA Case|
Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 21, 2014, previously published on October 6, 2014Last week, a Tennessee federal district court judge ruled that government attorneys can extrapolate from a small sample of billing statements to over 50,000 patient admissions by Life Care Centers of America, Inc. (a nursing home operator) to try to hold Life Care Centers liable under the False...
|Life Care Centers Seeks Sixth Circuit Review of Decision Allowing Statistical Sampling/Extrapolation in FCA Case|
Laurence J. Freedman, Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 21, 2014, previously published on October 16, 2014Last week, we posted about U.S. District Court Judge Harry Mattice’s September 29th ruling that government attorneys could extrapolate from a small sample of patient admissions to over 50,000 patient admissions (and over 150,000 claims) by Life Care Centers of America, Inc. (a nursing home...
|HHS Says New Healthcare Website Will Work|
McDonald Hopkins LLC;
October 19, 2014, previously published on October 10, 2014Federal health officials say they have reconfigured and rebuilt the enrollment website for the Affordable Care Act to avoid a repeat of last year's disastrous launch.
|NYS Department of Health Developing Regulations Governing Use of Medical Marijuana for Official Launch in January 2016|
Alexander L. Betke, Emily E. Whalen; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 2, 2014, previously published on September 24, 2014As one of its final acts of the 2014 legislative session, the New York State Legislature passed the “Compassionate Care Act” making New York the twenty-third state to permit the use of medical marijuana. This new law will allow doctors to prescribe marijuana in a nonsmokeable form to...
|Planned Parenthood Ruling Deepens Current Split in the Circuits Regarding the Level of Specificity Required in FCA Cases|
Victoria H. Buter, Edward M. Fox, Thomas J. Kenny; Kutak Rock LLP;
September 16, 2014, previously published on September 9, 2014In the recent case of United States ex rel. Thayer v. Planned Parenthood of the Heartland, No. 13 1654, 2014 WL 4251603 (8th Cir. Aug. 29, 2014), the Eighth Circuit deepened the current split in the circuits regarding the level of specificity required in a False Claim Act (FCA) case, making it...
|Litigation over the ACA Continues|
McDonald Hopkins LLC;
September 10, 2014, previously published on September 5, 2014The future of Affordable Care Act subsidies in 36 states will be reconsidered in court—this time in a situation more favorable for the White House.
|McCarthy lays out September agenda for House|
McDonald Hopkins LLC;
September 10, 2014, previously published on September 5, 2014Newly minted House Majority Leader Kevin McCarthy (R-CA) released a memo this week outlining the House GOP’s agenda for September.
|7th Circuit Defines "Worthless Services" Under the False Claims Act|
Eric G. Pearson; Foley & Lardner LLP;
September 9, 2014, previously published on September 4, 2014That’s the upshot from U.S. ex rel. Absher v. Momence Meadows Nursing Center, Nos. 13-1886 & 13-1936 (Aug. 20, 2014), a recent decision from the Seventh Circuit (authored by Judge Manion) that addressed the worthless-services theory of liability under the False Claims Act.
|Prescription Drugs: Refocusing the False Claims Act Microscope on the Rest of the Transaction|
Tara E. Swenson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 28, 2014, previously published on August 25, 2014Over the last decade, it has often felt as though the pharmaceutical industry has been the government’s and whistleblowers’ main, and at times only, target for False Claims Act (“FCA”) investigations. While manufacturers are likely not out from underneath the microscope, it...
|Federal Court Rejects Relator’s Swapping Allegations in False Claims Act Case|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 22, 2014, previously published on August 15, 2014This week a federal district court in Ohio ruled in favor of Mobilex USA (Mobilex), the country’s largest mobile medical imaging company, on a motion for summary judgment in a False Claims Act (FCA) suit filed by a former employee, Kevin P. McDonough. McDonough accused Mobilex of...