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sixth Circuit

Volunteers Are Really Volunteers!

[05/17/18]

Posted on May 17, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent decision by the U.S. Court of Appeals for the Sixth Circuit held that volunteers, who do not expect compensation, are not employees under the Fair Labor Standards Act (“FLSA”). In the past, the Sixth Circuit has declined to employ such a bright line test. In Acosta v. Cathedral Buffet, Inc., a church... READ MORE

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Third Circuit: Pharmacist’s Claims Do Not Survive Public Disclosure Bar

[03/03/15]

Posted on March 3, 2015 in False Claims Act Defense

Published by: Hall Render

The Third Circuit Court of Appeals¹ became the third federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.² In a non-precedential opinion, the Third Circuit affirmed the dismissal of a pharmacist’s allegations finding the allegations were based on public information for which the Relator was... READ MORE

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Third Circuit: Pharmacist’s Claims Do Not Survive Public Disclosure Bar

[03/02/15]

Posted on March 2, 2015 in Health Law News

Written by: Drew B. Howk

The Third Circuit Court of Appeals¹ became the third federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.² In a non-precedential opinion, the Third Circuit affirmed the dismissal of a pharmacist’s allegations finding the allegations were based on public information for which the Relator was not... READ MORE

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Another Circuit Rules on the Public Disclosure Bar

[02/25/15]

Posted on February 25, 2015 in False Claims Act Defense

Written by: David B. Honig

Today the Sixth Circuit Court of Appeals joined several other Circuit Courts in finding that an administrative review, and even a repayment to the appropriate government oversight entity, did not qualify as a “public disclosure” under the False Claims Act’s public disclosure bar. READ MORE

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Sixth Circuit: Violations of Conditions of Participation Insufficient Basis for FCA Claims

[04/02/13]

Posted on April 2, 2013 in False Claims Act Defense

Written by: David B. Honig and Andrew B. Howk

By David B. Honig and Andrew B. Howk In U.S. v. MedQuest, the Sixth Circuit held that violations by a provider of conditions of participation in Medicare were insufficient as a matter of law to “trigger the hefty fines and penalties created by the FCA.” This case was a reaffirmation by the Sixth Circuit... READ MORE

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