• Federal Agencies Turn Up Heat on Health Care Fraud and Abuse
  • November 22, 2010
  • Law Firm: Alston Bird LLP - Atlanta Office
  • The Department of Health and Human Services (HHS) and the Department of Justice (DOJ) have continued to ramp up their attention to fraud, waste and abuse activities in recent weeks. Last week, the Centers for Medicare & Medicaid Services (CMS) issued a Proposed Rule on the Medicaid Recovery Audit Contractor (RAC) program.1 The HHS Office of Inspector General (OIG) has recently renewed focus on its permissive exclusion authority. The OIG released a notice on October 20, 2010, entitled “Guidance for Implementing Permissive Exclusion Authority Under Section 1128(b)(15) of the Social Security Act.”2 In addition, the OIG issued a notice in the Federal Register on November 12, 2010,3 soliciting information and recommendations for updating its Special Advisory Bulletin, entitled “The Effect of Exclusion from Participation in Federal Health Care Programs.”4 This advisory also includes a brief discussion of a recent DOJ indictment against a former vice president and lawyer for GlaxoSmithKline and the recent exclusion of Marc Hermelin, chairman of the board of KV Pharmaceutical Co., from participation in federal health care programs. Finally, we discuss expanded use of the Park Doctrine to hold medical products company executives strictly liable for misdemeanor violations of the Food, Drug and Cosmetic Act (FDCA).