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Articles by Jeff Gibson
False Claims Act Settlements to Know from Q2 2023 | JD Supra
There have been several noteworthy False Claims Act (FCA) settlements in the second quarter of 2023. Four of these settlements have come in over $20 million. This post summarizes key settlements of interest.
False Claims Act Settlements to Know from Q1 2023 | JD Supra
April 5, 2023 To embed, copy and paste the code into your website or blog: On February 7, the Department of Justice (DOJ) issued a press release indicating that settlements and judgments under the False Claims Act (FCA) exceeded $2.2 billion in the fiscal year ending September 30, 2022. Of this total, over $1.7 billion came from claims involving the healthcare industry. The DOJ has shown no signs of slowing down in 2023.
False Claims Act Settlements to Know from Q3 2022 | JD Supra
October 18, 2022 To embed, copy and paste the code into your website or blog: The third quarter of 2022 brought a number of noteworthy False Claims Act (FCA) settlements, including several over $20 million and one in the high nine figures. This post summarizes key settlements of interest to healthcare providers. Pharmaceutical Companies On September 2, a pharmaceutical company agreed to pay $40 million to resolve two lawsuits alleging violations of the False Claims Act.
False Claims Act Settlements to Know from Q2 2022 | JD Supra
The second quarter of 2022 brought a number of noteworthy False Claims Act (FCA) settlements, including several of $20 million or more. This post summarizes key settlements of interest to healthcare providers. Hospitals On April 6, a health system and the operating entities for four hospitals agreed to pay $20 million to resolve allegations that the health system made impermissible Medicaid donations.
How to Conduct an Effective Internal Investigation | JD Supra
In recent years, the federal government has been particularly aggressive in pursuing civil and criminal enforcement against healthcare entities. Given the highly regulated nature of the field and the ever present risk of enforcement, companies operating in the healthcare space must conduct effective investigations when compliance issues arise internally or when the government comes knocking... Please see full Guide below for more information. Download PDF
Anti-Retaliation under the False Claims Act | JD Supra
The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects whistleblowers from being retaliated against when they do so.
False Claims Act Fundamentals: What Is the FCA? | JD Supra
The False Claims Act, 31 U.S. C. § 3729, et seq., is the federal government’s most important and most effective tool for fighting fraud. This post provides a high-level overview of the False Claims Act and highlights key aspects of this statute.
DOJ Expands False Claims Act Reach into Cybersecurity | JD Supra
There is a new weapon in the Department of Justice’s (DOJ’s) already powerful False Claims Act (FCA) arsenal. In October 2021, the DOJ announced a new Civil Cyber-Fraud Initiative, under which it will pursue FCA liability against government contractors in the cybersecurity space. According to the announcement from Deputy Attorney General Lisa O.
Supreme Court Declines to Weigh in on Key Falsity Question | JD Supra
For several years, courts have wrestled with the question of whether subjective clinical decisions regarding the type and amount of treatment patients may need can be false for purposes of establishing False Claims Act (FCA) liability. The question of whether the FCA requires a showing of objective falsity has divided appellate courts in a number of recent high-profile cases.
Supreme Court Declines to Weigh in on Key Falsity Question
For several years, courts have wrestled with the question of whether subjective clinical decisions regarding the type and amount of treatment patients may need can be false for purposes of establishing False Claims Act (FCA) liability. The question of whether the FCA requires a showing of objective falsity has divided appellate courts in a number of recent high-profile cases.
FDA Increases Scrutiny Of CBD Companies For Marketing And Labeling Practices
To print this article, all you need is to be registered or login on Mondaq.com. As the market for hemp-based products booms, many investors are grappling with (and consumers unaware of) the grey area within which hemp products are being commercialized across the country. Increasing demand for cannabidiol (the cannabinoid more commonly known as CBD), in particular, has resulted in the proliferation of a wide range of products available over the counter at many retailers.
FDA Increases Scrutiny of CBD Companies for Marketing and Labeling Practices | JD Supra
As the market for hemp-based products booms, many investors are grappling with (and consumers unaware of) the grey area within which hemp products are being commercialized across the country. Increasing demand for cannabidiol (the cannabinoid more commonly known as CBD), in particular, has resulted in the proliferation of a wide range of products available over the counter at many retailers.
Ransomware Warning for Hospitals and Healthcare Providers | JD Supra
The Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the Department of Health and Human Services (HHS) recently issued a Joint Cybersecurity Advisory in light of “credible information of an increased and imminent cybercrime threat to US hospitals and healthcare providers.” The advisory is being shared as a warning to healthcare providers so that they may take “timely and reasonable precautions” to secure and protect their networks...
Eleventh Circuit Reinstates Massive FCA Judgment In Ruckh
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Court Requires Evidence of Harm to Bring Data Breach Lawsuit | JD Supra
On July 16, the U.S. District Court for the Middle District of Alabama dismissed a putative class action against Sarrell Regional Dental Center for Public Health relating to a 2019 ransomware incident. Data Incident and Response In July 2019, Sarrell detected ransomware on one of its computers and immediately deactivated its network, temporarily closed its practices, and engaged an independent computer security firm to conduct a forensic investigation of the breach.
Eleventh Circuit Reinstates Massive FCA Judgment in Ruckh | JD Supra
The roller coaster ride of U.S. ex rel. Ruckh v. Genoa Healthcare, LLC continues. In a previous post, we wrote about the staggering $348 judgment entered following a jury verdict against a management company and skilled nursing facilities (SNFs) owned by Consulate Health Care.
Eleventh Circuit Reinstates Massive FCA Judgment in Ruckh
The roller coaster ride of U.S. ex rel. Ruckh v. Genoa Healthcare, LLC continues. In a previous post, we wrote about the staggering $348 judgment entered following a jury verdict against a management company and skilled nursing facilities (SNFs) owned by Consulate Health Care.
Courts Caution That Not All Data Breach Investigation Reports Are Privileged | JD Supra
Absent proper precautions, companies may be forced to produce or otherwise disclose third-party forensic reports generated during a post-breach investigation. Historically, when a data breach has occurred, companies have understood that engaging outside counsel to conduct an investigation would ensure that any work product produced by counsel or any consultants retained by counsel would be protected from disclosure by the attorney-client privilege or attorney work-product doctrine.
Best Practices to Protect Your Business from Liability As You Adapt to COVID-19 Challenges | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Recent Developments in False Claims Act Pleading Standards | Lexology
The Department of Justice (DOJ) recently released its report detailing the settlements and judgments obtained in 2019 from civil cases involving fraud and abuse claims. As in years past, the substantial majority of these settlements and judgments—$2.1 billion of the $3 billion total—were the result of qui tam whistleblower lawsuits filed under the False Claims Act (FCA).
Recent Developments in False Claims Act Pleading Standards | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Recent Developments in False Claims Act Pleading Standards
The Department of Justice (DOJ) recently released its report detailing the settlements and judgments obtained in 2019 from civil cases involving fraud and abuse claims. As in years past, the substantial majority of these settlements and judgments—$2.1 billion of the $3 billion total—were the result of qui tam whistleblower lawsuits filed under the False Claims Act (FCA).
Private Equity Firm Settles FCA Case | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Private Equity Firm Settles FCA Case
In two prior posts [Government Files Amended FCA Complaint Against Private Equity Firm and its Portfolio Company and DOJ Intervention in Healthcare Fraud Case Highlights Potential Risks for Private Equity Firms], we wrote about the Department of Justice’s (DOJ) decision to intervene in a False Claims Act (FCA) case against a compounding pharmacy and its private equity backer. The case, Medrano v.
Climate-smart air conditioning has the potential to keep Saudi Arabia cool without heating the planet
As the world rapidly warms and urbanizes, air conditioning is becoming essential for public health and economic prosperity. ‘Comfort cooling’ is no longer a luxury. It is a necessity. Rising temperatures reduce labor productivity and increase morbidity and mortality, posing a fundamental threat to human wellbeing. In 2017, 153 billion hours of work was lost to heat. By mid-century, extreme heat is expected to reduce GDP per capita by up to 50 percent in the global south.
Latest HIPAA Compliance & Enforcement Trends | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Recent Developments in FCA Pleading Standards – Part Two | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Electronic Health Records Company Pays High Price for Software Shortcomings | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Recent Developments in FCA Pleading Standards – Part One | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Selling to Landscapers Virtual Conference
In this session, Carrie Wiles will share how North Creek Nurseries, a Pennsylvania-based wholesale propagation nursery, works with landscapers in a mutually beneficial relationship. Her presentation will explore best practices for selling to landscapers, the types of plants and product combinations North Creek introduces to this market, and the decision making behind selections available to this rapidly growing and ecologically minded marketplace.
FCA Medical Necessity Cases May Stand on Firmer Footing After Recent Appellate Decisions | JD Supra
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DOJ Bows Out of ManorCare FCA Case
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Already signed up? Log in here By using the service, you signify your acceptance of JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
Commentary: Raising the bar on 'cooperating fully' with the government
While the Yates memo has far-reaching impact, it did not come out of the blue. It was less a new position in corporate What is new, taking the Yates memo and other Obama administration directives as a whole, is a narrower, more difficult path for healthcare organizations hoping to earn “cooperation credit” when providing information to the government.
Cranky ex-copy editor flays ungainly idioms
I am excited to be writing this. I am so excited you’d think I had never written anything in my life. And I know you will be excited, too. You’ve heard people talk that way. A city official calls a press conference to announce that some guy who just painted his house donated a couple of half-empty cans of paint to the dog pound. “Now we can paint the pound!” the official says. “I am so excited!” Then she punches the air to show that she really is. Baloney. Who could get excited over something like that?
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