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Amended FCA Complaint Cannot Cure A First-to-File Violation

August 17, 2018 | Blog | By Mackenzie Queenin

The Second Circuit Court of Appeals recently held that a False Claims Act (FCA) relator could not evade the FCA’s first-to-file bar by filing an amended complaint after two earlier-filed FCA suits alleging similar conduct had been dismissed.
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Mintz’s Health Care Enforcement Defense Group Publishes New Qui Tam Update

August 13, 2018 | Blog | By Samantha Kingsbury

Last week, Mintz’s Health Care Enforcement Defense Group published a new Qui Tam Update, which analyzes 46 health care-related False Claims Act qui tam cases unsealed in February and March 2018 and the trends they reflect:
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Tenth Circuit Revives FCA Claim Based on Alleged Lack of Medical Necessity

July 15, 2018 | Blog | By Brian Dunphy

The Tenth Circuit Court of Appeals has issued a significant decision, finding that a physician’s medical judgment about the medical necessity of heart procedures can be “false or fraudulent” under the federal False Claims Act (FCA). 
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Mintz’s Health Care Enforcement Defense Group Publishes Latest Qui Tam Update

June 12, 2018 | Blog | By Samantha Kingsbury

Last week, Mintz’s Health Care Enforcement Defense Group published a new Qui Tam Update, which analyzes 60 health care-related False Claims Act qui tam cases unsealed in December 2017 and January 2018 and the trends they reflect.
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The Hazards of Prescription Auto-Refill Programs

June 6, 2018 | Blog | By Lauren Moldawer

States may be starting to take aim at prescription automatic refill programs. Automatic refill programs have been proven to increase patient adherence, especially among patients with chronic conditions. However, regulators argue that automatic refill programs result in waste to the system, stockpiling, and federal program payment for unneeded prescriptions.
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DOJ Continues Aggressive Enforcement Action Against Opioid Manufacturers

May 22, 2018 | Blog | By Benjamin Zegarelli

Recently the U.S. Department of Justice (DOJ) issued a statement that it had intervened in a False Claims Act (FCA) case against Insys Therapeutics, Inc. and consolidated five separate qui tam cases into one case, U.S. ex rel Guzman v. Insys Therapeutics, Inc., filed in the U.S. District Court for the Central District of California.
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Join Mintz & ML Strategies for the 3rd Annual Pharmacy & Pharmaceutical Industry Summit

March 22, 2018 | Blog

Mintz and ML Strategies will host the 3rd Annual Pharmacy & Pharmaceutical Industry Summit on May 8, 2018! This year's summit will take place in Boston and we are thrilled to announce that Massachusetts Governor Charlie Baker will be the keynote speaker. 
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Mintz’s Health Care Enforcement Defense Group Releases Latest Qui Tam Update

March 21, 2018 | Blog

Mintz Levin’s Health Care Enforcement Defense Group released its most recent Health Care Qui Tam Update yesterday. This Update analyzes 56 qui tam cases unsealed in October and November of last year. None of the 56 cases in this Update were unsealed within the statutorily-mandated 60 days, but one case was unsealed in 71 days.
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Recent FCA Settlement Shows That What’s Old Is New in Health Care Fraud Enforcement

March 13, 2018 | Blog | By Samantha Kingsbury

Last week, the U.S. Attorney’s Office for the District of Massachusetts announced that it had entered into an agreement with a Massachusetts-based medical device manufacturer to settle allegations that the Company had violated the False Claims Act by purchasing lavish meals for physicians to induce them to use heart pumps manufactured by the Company.
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DOJ Intervenes in False Claims Act Case Against a Compounding Pharmacy and a Private Equity Firm

March 5, 2018 | Blog | By Xavier Hardy, Karen Lovitch

The Department of Justice (DOJ) recently intervened in a False Claims Act (FCA) case that raises a variety of interesting allegations, including payment of kickbacks by a compounding pharmacy to contracted marketing companies in the form of percentage-based compensation, to TRICARE beneficiaries in the form of co-payment waivers, and to physicians who submitted prescriptions without seeing patients.
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Federal Enforcement Actions Continue to Focus on Opioid-Related Misconduct

February 20, 2018 | Blog | By Samantha Kingsbury

As we predicted in our year-end post on civil and criminal enforcement trends, 2018 is already off to strong start in opioid-related enforcement against individual providers and associated practices. 
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Mintz’s Health Care Enforcement Defense Group Releases New Qui Tam Update

February 8, 2018 | Blog

Mintz’s Health Care Enforcement Defense Group recently published its most recent Health Care Qui Tam Update. This Update analyzes the 47 health care-related qui tam cases unsealed in August and September 2017.
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Perspective on DOJ Pivot on FCA Enforcement Policy

January 31, 2018 | Blog | By Laurence Freedman

Two new DOJ policies about False Claims Act enforcement became public last week. 
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Health Care Enforcement Review and 2018 Outlook: Criminal and Civil Enforcement Trends

January 8, 2018 | Blog | By Eoin Beirne, Samantha Kingsbury, Karen Lovitch

In both civil and criminal enforcement proceedings, 2017 was perhaps most notable for the cases brought against individual health care providers and small physician practice owners. 
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Health Care Enforcement Year in Review and 2018 Outlook: The False Claims Act’s Materiality Standard as Established by Escobar Continues to Evolve

January 4, 2018 | Blog | By Laurence Freedman

Throughout 2017, the lower courts built upon the standard for determining immateriality under the False Claims Act (FCA) established by the U.S. Supreme Court in Universal Health Servs., Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016) (“Escobar”).
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Sessions Memo Resets Federal Marijuana Enforcement Policy

January 4, 2018 | Blog | By Daria Niewenhous

The U. S. Department of Justice (DOJ) issued a memo dated January 4, 2018 regarding federal marijuana enforcement policy, directing all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established principles when pursuing prosecutions related to marijuana activities.
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Health Care Enforcement Year in Review and 2018 Outlook: Major Case Law Developments

January 3, 2018 | Blog | By Brian Dunphy

Like prior years, 2017 saw large government recoveries and a high volume of False Claims Act (“FCA”) cases, which remain the government’s primary health care enforcement tool.
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Health Care Enforcement Year in Review and 2018 Outlook: Trends In Health Care False Claims Act Cases

January 2, 2018 | Blog | By Kevin McGinty

The volume of health care–related qui tam litigation under the False Claims Act (FCA) remained robust in 2017. Based on our review of the data in Mintz Levin's Health Care Qui Tam Database, we identified over 150 qui tam lawsuits that were unsealed in the twelve months ended November 30, 2017. 
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Mintz’s Health Care Enforcement Defense Group Publishes New Qui Tam Update

December 14, 2017 | Blog | By Samantha Kingsbury

Earlier this week, Mintz Levin’s Health Care Enforcement Defense Group published its most recent Health Care Qui Tam update. This update covers 34 health care-related qui tam cases that were unsealed in July 2017.
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Fifth Circuit Limits FCA Liability Due to Lack of “Materiality” in Highway Guardrails Case

November 30, 2017 | Blog | By Laurence Freedman, Samantha Kingsbury

Earlier this week we released a Health Care Enforcement Advisory about a recent decision from the U.S. Court of Appeals for the Fifth Circuit that may have a significant impact on the element of “materiality” in False Claims Act (FCA) cases.
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