Articles and Blogs

whistleblower

Critical Considerations of Implied Certification Under the FCA

[04/04/19]

Posted on April 4, 2019 in False Claims Act Defense

Published by: Hall Render

In a recent case out of Kansas, the Tenth Circuit reiterated the importance of the FCA’s materiality and scienter requirements that the Supreme Court set forth in Escobar: FCA claims must satisfy materiality and knowledge requirements—both of which are rigorous and strictly enforced. A whistleblower must prove knowledge in an implied certification case—it cannot... READ MORE

Tags: , , , , , ,

Pending Real Estate-Related FCA Cases to Watch

[03/01/19]

Posted on March 1, 2019 in Health Law News

Published by: Hall Render

Over the years, there have been a number of federal cases involving allegations that health care providers used improper real estate arrangements to induce referrals. Recently, two real estate-related cases have made headlines. Hospitals should pay careful consideration to the following two cases. Serial Whistleblower Seeks to Overturn Ruling Involving Alleged Cash-Flow Subsidies under... READ MORE

Tags: , , ,

The DOJ Is Not Backing Down: FCA Cases Recover More Than $2.8 Billion in 2018

[01/09/19]

Posted on January 9, 2019 in Health Law News

Published by: Hall Render

The Department of Justice (“DOJ”) reported it collected more than $2.8 billion in False Claims Act (“FCA”) settlements and verdicts in 2018.¹ This is significantly down from the record $5.69 billion recovered in 2014 and from the $3.6 billion – $4.7 billion in 2015 through 2017. This can primarily be explained by the absence... READ MORE

Tags: , , , ,

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

Tags: , , , , , , , , , ,

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

[08/08/17]

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

Tags: , , , ,

Government Approval and Percentage in FCA Cases

[04/07/16]

Posted on April 7, 2016 in False Claims Act Defense

Published by: Hall Render

An Indiana Federal District Court just published an opinion on an issue of first impression in the Seventh Circuit, the ability of the government to reject or approve a settlement in a case in which they did not intervene. The court also opined on the ability of a whistleblower to enter into a settlement that... READ MORE

Tags: , , , , ,

FCA Cases Just Got Harder to Settle

[05/28/15]

Posted on May 28, 2015 in False Claims Act Defense

Published by: Hall Render

On May 26, 2015, the United States Supreme Court issued its decision in Kellog Brown & Root Service, Inv. et al. v. United States ex rel. Carter, 575 U.S. ____ (2015), Case No. 12-1497. Most of the commentary on the case centers around the Court’s decision on the Wartime Suspension of Limitations Act, but... READ MORE

Tags: , , , , , , , , , , , , ,

Appellate Court of Illinois: Reputational Harm Insufficient to Defeat Hospitals’ Immunity

[02/27/15]

Posted on February 27, 2015 in Litigation Analysis

Written by: Drew B. Howk

The Fourth District of the Appellate Court of Illinois reaffirmed that claims by a physician that a hospital’s failure to renew his privileges caused actual and intentional harm to his professional reputation are barred by the Illinois’s Hospital Licensing Act. Only claims alleging an actual or deliberate intention to physically harm the physician or others trump a hospital’s... READ MORE

Tags: , , , , , ,

Self-Disclosure, the Public Disclosure Bar and the FCA – Uncertainty, Circuit by Circuit

[02/11/15]

Posted on February 11, 2015 in False Claims Act Defense

Written by: David B. Honig

Written by David B. Honig and Ritu Kaur Cooper. On February 3, 2015, the Fourth Circuit Court of Appeals ruled that disclosures to the public officials responsible for managing the subject of a False Claims Act lawsuit did not qualify as “public disclosures” for the purpose of the FCA’s public disclosure bar. US ex rel. Wilson v.... READ MORE

Tags: , , , , , , , , , , , ,

Fifth Circuit: Telecom Corporations Not Subject to FCA Claims on E-Rate Allegations

[07/08/14]

Posted on July 8, 2014 in False Claims Act Defense

Written by: Drew B. Howk

The Fifth Circuit rejected the government’s attempt to expand the FCA’s reach to include non-government funds overseen by a non-governmental entity simply because the government had the ability to exert a modicum of control over the entity. READ MORE

Tags: , , , , , ,