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OIG cautions physicians to consider compensation arrangements carefully
  • Jones Day
  • USA
  • June 17 2015

The Department of Health and Human Services, Office of Inspector General ("OIG") recently released a fraud alert cautioning physicians who enter into


Former CEO sentenced to home detention and probation in off-label case; motions for new trial are denied
  • Jones Day
  • USA
  • April 21 2011

On April 13, 2011, the former CEO of InterMune, W. Scott Harkonen, was sentenced to three years of probation, six months of home detention (stayed pending appeal), and 200 hours of community service, and ordered to pay a $20,000 fine, based on his 2009 federal wire fraud conviction for creating and distributing a false and misleading press release related to an unapproved use of the drug Actimmune


Recent developments in FCA cases: filings, motions, settlements, and trial verdicts
  • Jones Day
  • USA
  • April 21 2011

Recent notable False Claims Act (FCA) cases involving participants in the health care industry include the following


Former CEO sentenced to one month imprisonment and ordered to pay $1.9 million
  • Jones Day
  • USA
  • April 21 2011

On March 10, 2011, the former CEO of K-V Pharmaceutical, Marc Hermelin, was sentenced to 30 days in prison after pleading guilty to two federal charges of misbranding drugs


Purdue executives appeal order upholding exclusion
  • Jones Day
  • USA
  • April 21 2011

On January 31, 2011, three former Purdue executives filed an appeal to challenge Judge Ellen Segal Huvelle's (D.D.C.) order upholding the HHS Secretary's decision to exclude them from participation in federal health care programs


Former in-house counsel with pharmaceutical company reindicted
  • Jones Day
  • USA
  • April 21 2011

On April 13, 2011, a federal grand jury in Maryland returned an indictment charging Lauren Stevens, formerly a vice president and associate general counsel for GlaxoSmithKline (GSK), with obstruction of justice and making false statements to the Food and Drug Administration (FDA) in connection with an investigation into allegations that the drug Wellbutrin had been marketed for unapproved uses


Federal agencies expand outreach and ramp up resources for health care enforcement
  • Jones Day
  • USA
  • April 21 2011

HHS and the Department of Justice (DOJ) have initiated several programs to enhance awareness of health care compliance requirements and enforcement efforts and to significantly increase the resources devoted to detecting fraud and abuse in the health care industry


Bill to address integrity and accountability is introduced
  • Jones Day
  • USA
  • April 21 2011

On March 2, 2011, Senator Chuck Grassley (R-Iowa) introduced a bill (S.454) containing several measures designed to address health care fraud (Strengthening Program Integrity and Accountability in Health Care Act of 2011


Health care reform includes aggressive fraud initiative: HHS OIG, DoJ, and Congress ramp up enforcement and prevention efforts
  • Jones Day
  • USA
  • April 30 2010

Health care fraud and abuse enforcement has not escaped the health care reform sweeping the country


DOJ-HHS Medicare Strike Force charges 91 individuals in eight cities
  • Jones Day
  • USA
  • February 6 2012

In September 2011, a nationwide takedown by Medicare Fraud Strike Force operations in eight cities (Detroit, Miami, Houston, Baton Rouge, Los Angeles, Dallas, Brooklyn, and Chicago) resulted in charges against 91 individuals for their alleged participation in schemes involving approximately $295 million in false billing