Articles and Blogs


OIG Announces AKS Enforcement Discretion for Arrangements Covered by Blanket Stark Waivers


Posted on April 6, 2020 in Health Law News

Published by: Hall Render

On April 3, 2020, OIG released a Policy Statement indicating OIG will exercise its enforcement discretion not to impose administrative sanctions under the federal Anti-Kickback Statute (“AKS”) for certain financial arrangements related to a COVID-19 purpose that are covered under the Blanket Stark waivers issued by the Secretary of the U.S. Department of Health... READ MORE

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Department of Justice Announces $42 Million Settlement for Alleged False Claims Act Violations


Posted on August 8, 2017 in Health Law News

Published by: Hall Render

Recently, the Department of Justice (“DOJ”) announced it had entered into a $42 million settlement (“Settlement”)[1] with the owners of a California acute care hospital (“Parent Company”) to resolve allegations that the Parent Company had violated the False Claims Act by submitting false claims to Medicare and MediCal (California Medicaid) programs. The Parent Company... READ MORE

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Real Estate Professionals Can Be Whistle Blowers Too!


Posted on November 4, 2015 in Health Law News

Published by: Hall Render

A trend in real estate-related False Claims Act litigation should put hospitals and other health care providers on notice that relators are looking for big paydays for non-compliant real estate arrangements. The relators described in this article are real estate professionals who are bringing technically complex claims with little to no institutional knowledge of... READ MORE

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The FCA, Advice of Counsel Defense and CMS Commentary Meets the Jury


Posted on July 7, 2015 in False Claims Act Defense

Written by: David B. Honig

A recent court decision had highlighted two issues on the cutting edge of health care and False Claims Act (“FCA”) law. Both address what happens in the transition from health care advice to health care litigation. The first is the application of the attorney client privilege and the advice of counsel defense. The second is... READ MORE

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New 11th Circuit Case: Fraud with Particularity


Posted on November 3, 2014 in False Claims Act Defense

Written by: David B. Honig

Last week, the 11th Circuit Court of Appeals issued its unpublished ruling in US ex rel. Mastej v. Health Management Associates, Inc. At issue was whether the relator’s Third Amended Complaint adequately pled fraud with particularity, as required by Fed.R.Civ.Pro. 9(b). Mastej was an Health Management Associate (“HMA”) executive from 2001 to February 2007. In that... READ MORE

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September 2014 FCA Update


Posted on October 12, 2014 in False Claims Act Defense

Written by: David B. Honig

Only one FCA case of interest was decided by a U.S. Circuit Court in September. In US ex rel Parikh v Brown, the Court found that a county hospital and its administrator’s participation in a “simple, brazen kickback scheme” could not be shielded by qualified immunity. The hospital and its administrator split pain center revenues with... READ MORE

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