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Jan 22, 2025 | 
mondaq.com | Eoin P. Beirne |Eóin Beirne |Nick LaPalme |Karen S. Lovitch
Over the past two years, the Department of Justice (DOJ or theDepartment) has actively incentivized companies to voluntarilyself-disclose potential civil and criminal violations. For example,in 2023, in the criminal context, DOJ issued a revised Corporate Enforcement Policy, the UnitedStates Attorneys' Offices Voluntary Self-Disclosure Policy, and a Safe Harbor Policy for voluntaryself-disclosures made in connection with mergers andacquisitions.
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Jan 17, 2025 | 
jdsupra.com | Grady Campion |Karen S. Lovitch
Value-based care (VBC) is a health care delivery model that has grown increasingly common in recent years. Perhaps unsurprisingly, this growth seems to have attracted the attention of government enforcement agencies. In September 2024, the Department of Justice (DOJ) announced a large False Claims Act (FCA) settlement with a VBC primary care practice.
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Jan 17, 2025 | 
jdsupra.com | Eoin P. Beirne |Eóin Beirne |Nick LaPalme |Karen S. Lovitch
Over the past two years, the Department of Justice (DOJ or the Department) has actively incentivized companies to voluntarily self-disclose potential civil and criminal violations. For example, in 2023, in the criminal context, DOJ issued a revised Corporate Enforcement Policy, the United States Attorneys’ Offices Voluntary Self-Disclosure Policy, and a Safe Harbor Policy for voluntary self-disclosures made in connection with mergers and acquisitions.
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Dec 3, 2024 | 
g2intelligence.com | Karen S. Lovitch |Laura Martin
Over the past few years, the U.S. Department of Justice (DOJ) and other enforcement agencies have ramped up their efforts to hold individuals accountable in civil and criminal healthcare fraud actions.1 That trend continues to play out in recent False Claims Act (FCA) settlements and other healthcare fraud matters involving the laboratory industry. Case: On September 27, five individuals, a hospital, and a laboratory collectively agreed to pay over $7.2 million to resolve FCA allegations.
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Oct 15, 2024 | 
lexology.com | Karen S. Lovitch |Lauren M. Moldawer |Cassandra L. Paolillo
Commencing October 2024, CMS will start off-cycle revalidations of all Skilled Nursing Facilities (SNFs).
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Oct 9, 2024 | 
today.westlaw.com | Grady Campion |Jane Haviland |Karen S. Lovitch
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Oct 8, 2024 | 
mondaq.com | Jane Haviland |Karen S. Lovitch
On September 30, 2024, a federal district court judge held that the
qui tam provisions of the False Claims Act (FCA) violate
the Appointments Clause of Article II of the Constitution. U.S.
ex rel. Zafirov v. Fla. Med. Assocs., LLC, C.A. No.
8:19-cv-01236-KKM, 2024 U.S. Dist. LEXIS 176626 (M.D. Fla. Sept. 30, 2024) ("Zafirov"). While
Zafirov's holding is novel, the constitutional issue
raised in that decision is not.
Last summer, in U.S. ex rel. Polansky v.
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Oct 7, 2024 | 
jdsupra.com | Grady Campion |Jane Haviland |Karen S. Lovitch
On September 30, 2024, a federal district court judge held that the qui tam provisions of the False Claims Act (FCA) violate the Appointments Clause of Article II of the Constitution.U.S. ex rel. Zafirov v. Fla. Med. Assocs., LLC, C.A. No. 8:19-cv-01236-KKM, 2024 U.S. Dist. LEXIS 176626 (M.D. Fla. Sept. 30, 2024) (“Zafirov”).While Zafirov’s holding is novel, the constitutional issue raised in that decision is not. Last summer, in U.S. ex rel. Polansky v.
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Oct 7, 2024 | 
lexology.com | Eoin P. Beirne |Eóin Beirne |Nick LaPalme |Karen S. Lovitch
On September 23, 2024, the Criminal Division of the United States Department of Justice (“DOJ” or the “Department”) revised its Evaluation of Corporate Compliance Programs guidance (the “ECCP”).[1] DOJ’s “Principles of Federal Prosecution of Business Organizations” describe factors that the Department will consider when investigating a company, determining whether to bring charges, and/or negotiating a plea agreement.
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Oct 3, 2024 | 
mondaq.com | Daniel Cody |Kathryn Edgerton |Karen S. Lovitch
On September 28, 2024, California Governor Gavin Newsom vetoed California Assembly Bill
3129 (AB-3129) originally introduced by California Attorney
General Rob Bonta (AG) and Assembly Speaker pro Tempore Jim Wood
and passed by the California legislature earlier in the month. While the California legislature can override the Governor's
veto, legislators likely will not take this extraordinary step,
which has not been taken in several decades.
