Articles and Blogs

False Claims Act

When a Deadline Isn’t a Deadline: Fifth Circuit Rules FCA Appeal Deadlines Turn on Government’s Intervention

[10/31/18]

Posted on October 31, 2018 in False Claims Act Defense

Published by: Hall Render

Joining the other circuit courts, the Fifth Circuit extends the time to appeal a civil case if the United States was a party. As long as the United States was actively involved in the case prior to the appeal, any party has 60 days to appeal. Background In United States v. Ronald Conner, [1]... READ MORE

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Whistleblower’s Dismissal with Prejudice Not the End of the Road for Qui Tam Action

[10/30/18]

Posted on October 30, 2018 in False Claims Act Defense

Published by: Hall Render

The Fifth Circuit ruled that a whistleblower’s voluntary dismissal with prejudice cannot affect the Government’s ability to pursue related litigation. When the Government has not yet intervened, and thus is not a yet a party, a case cannot be dismissed with prejudice as to the Government by a whistleblower. Background In Vaughn, ex rel.... READ MORE

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Not So Fast! District Court Holds Qui Tam Relators Cannot Reach into the Government’s Pockets in Criminal Forfeiture Proceedings

[10/19/18]

Posted on October 19, 2018 in False Claims Act Defense

Published by: Hall Render

The Eleventh Circuit recently held that a qui tam relator cannot intervene in criminal forfeiture proceedings when the Government chooses to criminally prosecute fraud rather than intervene in a qui tam action. In United States v. Couch,[1] a former employee (“Relator”) of a pain management clinic in Alabama tried to recover amounts she believed... READ MORE

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Attorneys as Relators – What About the Fees?

[09/25/18]

Posted on September 25, 2018 in False Claims Act Defense

Published by: Hall Render

The past several years have seen a trend of attorneys now taking on the role of relator as well as counsel. This raises a new question: how are relators who act as counsel to be rewarded? By the relator’s share? By attorneys’ fees? By both? That question was answered recently by the Illinois Supreme Court, interpreting... READ MORE

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Court Vacates 60-Day Rule for Medicare Advantage Plans, Creates Uncertainty for Same Rule Applicable to Medicare-Enrolled Providers

[09/17/18]

Posted on September 17, 2018 in Health Law News

Published by: Hall Render

Nearly a decade has passed since the U.S. Congress enacted the Patient Protection and Affordable Care Act (the “ACA”). Since March 2010, we have seen federal court rulings on numerous challenges to the ACA itself and the executive branch’s efforts to enforce the ACA. One such challenge resulted on September 7, 2018 in the... READ MORE

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A Horse for a Different Course: Fourth Circuit Declines to Apply 60-Day Rule to Medicare Secondary Payer Act

[06/18/18]

Posted on June 18, 2018 in False Claims Act Defense

Published by: Hall Render

Most health care providers caring for federal health care program beneficiaries are familiar with the False Claims Act[1] (“FCA”) and its qui tam provision,[2] which grants private citizens the right to sue health care providers on behalf of the federal government. The seemingly routine 6+ figure FCA settlements garner much-deserved attention. After all, providers... READ MORE

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Ripping the Veil Off the Government’s Qui Tam Investigations

[05/16/18]

Posted on May 16, 2018 in False Claims Act Defense

Published by: Hall Render

On May 10, 2018, United States Senior District Judge for the Central District of Illinois, Joe Billy McDade, issued an order that should form the template for all courts asked to keep the government’s False Claims Act (“FCA”) extension motions under seal.¹ Far too often, courts simply grant the government’s ex parte motions without... READ MORE

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Are You In or Are You Out? Inpatient Admission Status Is a Key Risk Area for Medicare Providers

[04/26/18]

Posted on April 26, 2018 in Health Law News

Published by: Hall Render

In the continually evolving world of Medicare coverage and payment rules, hospital compliance personnel must look broadly to identify potential risk areas to be addressed within their organization. Based on the facts alleged in two recent False Claims Act qui tam cases, with one of those cases currently proceeding through the federal courts, hospitals... READ MORE

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A Timely Split – Eleventh Circuit Strays from Common Application of the False Claims Act’s Statute of Limitations

[04/17/18]

Posted on April 17, 2018 in False Claims Act Defense

Published by: Hall Render

On April 11, 2018, the Eleventh Circuit Court of Appeals split from the Fourth and Tenth Circuits when it issued an order effectively granting relators in qui tam actions an additional three years to file. The court ruled that § 3731(b)(2)’s three-year limitation, which has traditionally only been applied when the United States is... READ MORE

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“Constructive Discharge” Retaliation Claims Under the False Claims Act: What Form of Intent Must the Employer Have?

[04/09/18]

Posted on April 9, 2018 in HR Insights for Health Care

Published by: Hall Render

A critical element in any claim for retaliation under the False Claims Act is an adverse employment action. Most commonly, FCA retaliation claims rest on an employee’s involuntary termination due to lawful actions taken by the employee in reporting or opposing the submission of false claims to the government. In certain cases, an employee... READ MORE

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