Even during a pandemic, False Claims Act whistleblower litigation against labs and other health providers continues to be a highly profitable business for both whistleblowers and the federal … [Read more...]
Whistleblowers
Relying on the First-to-File Rule to Protect You from Copycat Qui Tam Lawsuits
October 13, 2020
As you know, the private individuals, known as relators, the right to bring qui tam lawsuits on the government’s behalf against labs and other contractors that submit false claims to the federal … [Read more...]
Labs In Court
A roundup of recent cases and enforcement actions involving the diagnostics industry
October 8, 2020
Referral Arrangement Violates Kickback Laws Even If Even Only Purpose Is to Generate Illegal Referrals Case: The U.S. Attorney accused a Kentucky physician of taking a $105 per beneficiary payment … [Read more...]
Labs in Court
Referral Arrangement Violates Kickback Laws Even If Only Purpose Is to Generate Illegal Referrals
September 28, 2020
Case: The U.S. Attorney accused a Kentucky physician of taking a $105 per beneficiary payment from a lab company in exchange for ordering its pharmacogenetic tests in violation of the Anti-Kickback … [Read more...]
Whistleblowers
California Case Shows Why Paying Specimen Collection Fees of Any Amount Are a Liability Risk
September 17, 2020
Paying physicians fees to collect and process patient samples for testing is a dicey proposition because it exposes labs to suspicion under the Stark and Anti-Kickback Statute laws. Such arrangements … [Read more...]
False Claims Act
Federal Appeals Court Tosses Cold Water on DOJ’s Crackdown on Weak Whistleblower Suits
September 4, 2020
It’s fair to say that when it comes to False Claims Act (FCA) whistleblower qui tam lawsuits, the current U.S. Department of Justice (DOJ) is less enthusiastic than its predecessor. In fact, the DOJ … [Read more...]
Enforcement Trends
Granston Memo Whistleblower Dismissals May Be Tougher than DOJ Thought
September 3, 2020
In 2018, the Justice Department sent an internal memorandum ordering US Attorneys to aggressively seek to dismiss False Claims Act (FCA) whistleblower qui tam lawsuits that lack merit or don’t serve … [Read more...]
Labs In Court
Whistleblower Can Sue Lab for Alleged Specimen Fee Kickback Collection Ripoff
September 3, 2020
Case: A whistleblower filed a False Claims Act suit charging a California lab of entering into “sham phlebotomy contracts” paying kickbacks to physicians’ family members and staff in the form of … [Read more...]
Labs In Court
Connecticut Methadone Clinic Settles Urine Drug Test False Billing Charges for $354.3K
August 29, 2020
Case: A methadone clinic settled claims of overbilling the Connecticut Medicaid Program for urine drug tests for $354,367. Under state rules, methadone clinics receive a bundled weekly per patient … [Read more...]
Enforcement Trends
Granston Memo Whistleblower Dismissals May Be Tougher than DOJ Thought
August 29, 2020
In 2018, the Justice Department sent an internal memorandum ordering US Attorneys to aggressively seek to dismiss False Claims Act (FCA) whistleblower qui tam lawsuits that lack merit or don’t serve … [Read more...]
