Blog - Monthly archives: August 2017

CMS Announces New Audit Strategy

Posted on Health Care Law News August 16, 2017 by Robert Nicholson

On August 14, 2017, CMS announced a significant change in its claims audit strategy for Medicare Administrative Contractors (MACs).  Under the new strategy — called Targeted Probe and Educate — MACs “will select claims for items/services that pose the greatest financial risk to the Medicare trust fund and/or those that have a high national error rate.”  Read more →

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Use of Misbranded Drugs Results in 5 Year Sentence for Oncologist

Posted on Health Care Law News, White Collar News August 8, 2017 by Robert Nicholson

In a recent example of prosecutions of physicians for using adulterated or misbranded drugs and devices, a Tampa area oncologist was sentenced on August 7, 2017 to almost 6 years in prison for using unapproved, foreign-sourced chemotherapy drugs.  According to the Indictment, Dr. Norbergs ordered the drugs from foreign, unlicensed distributors for use in her Read more →

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Department of Justice Steps Up Diversion Investigations

Posted on Health Care Law News, White Collar News August 4, 2017 by Robert Nicholson

The Department of Justice has announced the creation of a new Opioid Fraud and Abuse Detection Unit to be comprised of 12 Assistance United States Attorneys in 12 different jurisdictions that will be exclusively assigned to prosecute criminal violations relating to prescription drugs.  The unit reportedly will use data to identify subjects that may be Read more →

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Federal Courts Continue to Refine Particularity Requirements Under the False Claims Act

Posted on Health Care Law News August 4, 2017 by Robert Nicholson

In one of the latest opinions from a Federal Circuit Court of Appeals on the issue of the particularity required of a whistleblower in bringing a False Claims Act case, the First Circuit Court of Appeals allowed a case to proceed with allegations regarding a single false claim.  The Court commented that with respect to the allegations of Read more →

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Fraud Case Dismissed Against Client of the Firm

Posted on Firm News August 4, 2017 by Robert Nicholson

A federal civil fraud case filed against a medical services provider client of the Firm has been dismissed by the plaintiff after the Firm provided the plaintiff with a detailed demand letter setting forth the deficiencies in the plaintiff’s case.  The Firm also put the plaintiff on notice of the Firm’s intent to seek its defense fees if the Read more →

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