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FCA Update Blog

Articles: 1-10 of 188

DOJ Announces Significant Shift Towards Affirmative Dismissal Of “Frivolous” Qui Tam Complaints: A New Exit Strategy For Defendants?

USA - November 16 2017 Attendees at the Health Care Compliance Association's Health Care Enforcement Compliance Institute are reporting that, Michael Granston, Director…

Seventh Circuit Reevaluates and Adopts More Stringent FCA Causation Standard

USA - November 13 2017 On October 23, 2017, the US Court of Appeals for the Seventh Circuit reversed itself by determining that proximate cause—and not the “but-for”…

DOJ Settlement with Florida Medical Practice Serves as a Reminder: Delayed Repayment to Federal Programs Can Have Significant Consequences

USA - October 30 2017 While medical practices are generally aware that relators and the government pursue allegations of false or duplicative claims to federal health care…

Another State Alleges False Claims Act Violation to Combat Opioid Crisis

USA - October 26 2017 On October 5, 2017, the State of New Jersey sued Insys Therapeutics, Inc. (Insys), alleging that the company improperly marketed and promoted the…

DOJ Settlement with Home Health Providers Underscores Strategic Considerations for Self-Disclosure

USA - October 23 2017 Eventually, any health care organization with an effective compliance program is very likely to discover an issue that raises potential liability and…

Breaking Down the 2017 DOJ and OIG Compliance Guides

USA - October 12 2017 How does one measure compliance program effectiveness? This is a question that bedevils organization executives and boards of directors. Management…

Tenth Circuit Expands First-to-File Rule, Dismissing Complaint after Substitution of Parties

USA - October 10 2017 On September 18, 2017, the Tenth Circuit reversed a decision of the US District Court for the District of Utah in United States ex rel. Little v…

Recent Developments on the Fair Market Value Front - Part 1

USA - October 3 2017 Over the last several months, a handful of federal court decisions—including two rulings this summer on challenges to the admissibility of proposed…

Par Pharmaceutical Beats FCA Prescription-Switch Allegations

USA - September 25 2017 In the fourth of a related set of qui tam False Claims Act (FCA) suits, the United States District Court for the Northern District of Illinois…

Sixth Circuit Hits Federal Government with $450,000+ in Legal Fees to be Paid to FCA Defendant Under the Equal Access to Justice Act

USA - September 11 2017 In an unusual ruling on August 18, 2017, the US Court of Appeals for the Sixth Circuit reversed the Middle District of Tennessee's denial of the…