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The Food and Drug Administration (FDA) issued a safety alert on April 26, 2013 warning health care providers and the public about fraudulent Botox being sold in the United States.  The fraudulent Botox is being peddled to physicians through blast faxes which offer Botox at discount prices.  The faxes list the names of the seller Read more →

Beginning May 1, 2013, claims for all covered Medicare Part B, durable medical equipment, orthotics, and supplies (DMEPOS), and Part A home health agency (HHA) services will be denied when the ordering or referring provider is not enrolled in Medicare, or the claim does not properly list the National Provider Identification (NPI) number for the Read more →

On March 28, 2013, in United States ex rel. Keltner v. Lakeshore Medical Clinic, Ltd., a federal district judge denied the Defendant medical clinic’s Rule 9(b) motion to dismiss the False Claims Act complaint for failing to plead fraud with particularity. The Relator in Keltner was a former billing department employee who alleged that the Read more →

After having been convicted a decade ago in a Medicare kickback case, and being subsequently excluded from participation in the Medicare Program, the health care provider engaged Nicholson & Eastin, LLP to assist him with seeking reinstatement to the Medicare Program. Reinstatement as a Medicare provider after exclusion is not automatic, and can in many Read more →

On March 21st, the Seventh Circuit Court of Appeals held in a matter of the first impression that a defendant found liable under the False Claims Act (FCA), 31 U.S.C. § 3729, must pay three times the amount of the Government’s “net loss,” calculated by applying offsets before trebling. United States v. Anchor Mortgage Corp., Read more →