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Dec 9, 2024 | 
natlawreview.com | D. Jacques Smith
Welcome to the Fall 2024 issue of “FCA Enforcement & Compliance Digest,” our quarterly newsletter in which we compile essential updates on False Claims Act (FCA) enforcement trends, litigation, agency guidance, and compliance tips. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.
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Nov 22, 2024 | 
natlawreview.com | D. Jacques Smith
Headlines that Matter for Companies and Executives in Regulated IndustriesOn November 20, Osman Syed, the owner and operator of a laboratory in Texas, was charged with three counts of health care fraud, conspiracy to engage in money laundering, and three counts of money laundering related to his alleged participation in a respiratory pathogen panel (RPP) testing fraud scheme.
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Nov 15, 2024 | 
natlawreview.com | D. Jacques Smith
On November 12, the US Department of Justice (DOJ) announced that University of Colorado Health (UCHealth) agreed to resolve allegations that it violated the False Claims Act (FCA) for $23 million. According to the DOJ, UCHealth sought and received payment from federal health care programs for visits to emergency room departments by falsely coding Evaluation & Management (E&M) claims that were submitted to Medicare and TRICARE programs.
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Nov 8, 2024 | 
natlawreview.com | D. Jacques Smith
Headlines that Matter for Companies and Executives in Regulated IndustriesJudge Orders Government to Pay Relators a Cut of FCA SettlementOn November 4, a federal judge from the US District Court for the District of Massachusetts ordered the government to pay the relators’ share of a settlement in connection with violations of the False Claims Act (FCA).
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Nov 1, 2024 | 
natlawreview.com | D. Jacques Smith
Headlines that Matter for Companies and Executives in Regulated IndustriesA Connecticut Superior Court judge found Assured Rx, LLC, a Florida-based pharmacy, liable for violating the Connecticut False Claims Act (FCA), which is modeled after the federal FCA and has many identical provisions, based on the pharmacy’s participation in a kickback scheme.
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Oct 25, 2024 | 
natlawreview.com | D. Jacques Smith
San Diego-based physician Dr. Janette J. Gray and her former medical practice, The Center for Health & Wellbeing, agreed to pay $3.8 million to resolve allegations that they knowingly submitted false claims to Medicare and TRICARE in violation of the False Claims Act (FCA). Dr. Gray and The Center operated as a “holistic” clinic, claiming to be staffed by medical doctors, nurse practitioners, naturopathic doctors, chiropractors, acupuncturists, and other health professionals.
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Oct 18, 2024 | 
natlawreview.com | D. Jacques Smith
Headlines that Matter for Companies and Executives in Regulated IndustriesOn October 10, the US Department of Justice (DOJ) announced that Teva Pharmaceuticals USA Inc. and Teva Neuroscience Inc. will pay $450 million to resolve two claims alleging Teva violated the Anti-Kickback Statute (AKS) and False Claims Act (FCA). The first settlement arose out of a complaint filed in the District Court of Massachusetts.
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Oct 11, 2024 | 
natlawreview.com | Bruce D. Sokler |Alexander Hecht |Kathryn Rattigan |D. Jacques Smith
Following in the footsteps of Nebraska, the Attorneys General of North Carolina, California, and New Jersey filed complaints against TikTok and its owner, ByteDance, Ltd., on October 8, 2024. The suits are lengthy and full of allegations against TikTok and how it is responsible for a “profound mental health crisis” of American teenagers.
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Oct 11, 2024 | 
natlawreview.com | D. Jacques Smith
Headlines that Matter for Companies and Executives in Regulated IndustriesOn October 7, the US Supreme Court denied a petition in which a whistleblower asked the Court to decide whether a “willful” act under the federal Anti-Kickback Statute (AKS) requires that a defendant knew their actions violated the law. We previously covered the whistleblower’s petition for certiorari to the Supreme Court here, and the Second Circuit Court of Appeal’s decision here.
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Oct 4, 2024 | 
natlawreview.com | D. Jacques Smith
Headlines that Matter for Companies and Executives in Regulated IndustriesOn September 30, US District Judge Kathryn Kimball Mizelle of the Middle District of Florida held in a historic decision that the federal False Claims Act’s (FCA) qui tam provision is unconstitutional. In a case titled Zafirov v.
