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|$39 Million Jury Verdict in False Claims Act Suit against Tuomey Healthcare|
Scott Ewing, Jeremy D. Kernodle; Haynes and Boone, LLP;
May 17, 2013, previously published on May 15, 2013Last week, a federal jury in South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act by submitting false claims for reimbursement to the United States, resulting in $39 million in damages to the government. United States ex rel. Drakeford v. Tuomey...
|Jury Finds Tuomey Healthcare System Guilty Of Stark and False Claims Act Violations Pursuant To Physician Employment Agreements|
Waller Lansden Dortch Davis LLP;
May 17, 2013, previously published on May 13, 2013Following a month-long retrial, a South Carolina jury has concluded that Tuomey Healthcare System, Inc. (Tuomey) violated the Stark Law and the False Claims Act by illegally paying referring physicians. The jury found that Tuomey’s compensation arrangements with referring physicians were...
|An In-Depth Look at the Fraud Charges Against Vitas Hospice Services|
Waller Lansden Dortch Davis LLP;
May 17, 2013, previously published on May 15, 2013Earlier this month, the United States Department of Justice (“DOJ”) filed a suit against Vitas Hospice Services, L.L.C. and its subsidiary entities (“Vitas”) alleging that Vitas submitted false claims for hospice services which were excessive, unnecessary, or not provided,...
|Unprecedented FCPA Wake-Up Call for U.S. Broker-Dealers and Foreign Banks: Has the Perfect FCPA Storm Finally Arrived for U.S. Financial Markets?|
Duane Morris LLP;
May 16, 2013, previously published on May 14, 2013On May 7, 2013, the U.S. Attorney's Office for the Southern District of New York (SDNY) unsealed extraordinary criminal charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official for engaging in a "Massive International Bribery...
|Court Holds Tolling Provisions of the Wartime Suspension of Limitations Act Applies to Actions filed under the False Claims Act|
Berger Montague P.C.;
May 16, 2013When an action is filed under the False Claims Act (FCA), 31 U.S.C. §3729 , it is not unusual for a court to consider such issues as whether the relator is the first to file or whether there has been prior public disclosure of the relator's allegations. In a recent decision, U.S. ex rel....
|Major Development: CFPB and U.S. Attorney Collaborate to Bring Federal Criminal Charges Against Debt Relief Company, Principal and Employees|
David N. Anthony, Scott Kelly, John S. West, Alan D. Wingfield; Troutman Sanders LLP;
May 10, 2013, previously published on May 8, 2013In an unprecedented move, the Consumer Financial Protection Bureau (CFPB) announced on May 7, 2013, that it has made a criminal referral to the United States Attorney for the Southern District of New York. U.S. Attorney Preet Bharara, in conjunction with the CFPB’s announcement of its own...
|E/M Update: DOJ Targets Improper Use of Modifier 25|
Stephanie M. Barr; Marshall Dennehey Warner Coleman & Goggin, P.C.;
May 8, 2013, previously published on May 7, 2013Evaluation and management (E/M) services are visits to patients by physicians and non-physician practitioners to assess and manage a patient's health. E/M services are grouped into visit types, including office visits (new patient and established patient) and hospital visits (inpatient and...
|Seventh Circuit Court of Appeals Rejects Justice Department’s “Gross Trebling” Approach in Calculating Damages in False Claims Act Cases|
J. Gregory Deis, Frank M. Dickerson, William Michael; Mayer Brown LLP;
April 30, 2013, previously published on April 29, 2013The Seventh Circuit Court of Appeals’ decision in United States v. Anchor Mortgage Corp., 2013 WL 1150213 (7th Cir. Mar. 21, 2013), provides additional guidance on the appropriate measure of damages under the False Claims Act (FCA). In a setback for the US Department of Justice (DOJ), the...
|Fourth Circuit Upholds Lengthy “Stent” for Interventional Cardiologist|
John Staige Davis; Williams Mullen;
April 29, 2013, previously published on April 25, 2013Can a cardiologist be sent to prison for performing medically unnecessary stent procedures, even though he stented a considerably lower percentage of his patients than his peers?
|Kiobel v. Royal Dutch Petroleum: Supreme Court Issues Murky Opinion That May Ironically Clear Some Waters|
Raymond M. Brown; Greenbaum, Rowe, Smith & Davis LLP;
April 24, 2013The U.S. Supreme Court’s long anticipated decision in Kiobel v Royal Dutch Petroleum addressed federal court jurisdiction over corporate liability for human rights violations committed overseas. It appears, however, that the ruling may be somewhat contradictory in its impact.