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The Final 60-Day Rule: the Good, the Bad, and the Ugly

February 12, 2016 | Blog | By Brian Dunphy, Laurence Freedman

As we announced yesterday, the Centers for Medicare & Medicaid Services (CMS) has finally published the long-awaited Final Rule governing the return of Medicare Part A and Part B overpayments within 60 days (the “Final Rule”).
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The Final 60-Day Rule Is Finally Here!

February 11, 2016 | Blog | By Karen Lovitch

The Centers for Medicare & Medicaid Services (CMS) has finally published the long-awaited final rule establishing a process for Medicare Part A and B providers and suppliers to report and return overpayments within 60 days (the “60-day rule"). 
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OMB Finalizes Review of 60-Day Overpayment Rule

February 9, 2016 | Blog | By Brian Dunphy

The Office of Management and Budget completed its review of the long-awaited final rule establishing a process for Medicare Part A and B providers and suppliers to report and return overpayments within 60 days (the “60-day rule”).  As a result, the final 60-day rule will likely be published soon.
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Health Care Enforcement Report: A Look Back at 2015 and a Forecast for 2016

January 11, 2016 | Blog | By Brian Dunphy

My colleagues Hope Foster, Larry Freedman, and Bridget Rohde, members of Mintz Levin’s Health Care Enforcement Defense group, recently published a report surveying health care enforcement trends and developments in 2015 and forecasting what these developments herald for 2016.
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Upcoming Webinar and Report - Health Care Enforcement in 2016

December 30, 2015 | Blog

As 2015 comes to a close and you look ahead to the New Year, we hope that you will consider joining us for an informative webinar on health care enforcement trends for 2016.
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Laboratories - 2015 Year in Review [VIDEO]

December 29, 2015 | Blog | By Joanne Hawana , Karen Lovitch , Samantha Kingsbury

Over the past year, significant regulatory changes began to take shape that will have lasting effects on the laboratory industry for years to come.
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Mintz Advisory Analyzes Health Care Qui Tam Litigation Trends

December 15, 2015 | Blog | By Samantha Kingsbury

Last week, my colleague Kevin McGinty published a fascinating advisory that provides a detailed analysis of data recently released by the Department of Justice (“DOJ”) in its annual report on False Claims Act (“FCA”) filings.
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The Pharmacy Industry - 2015 Year In Review

December 8, 2015 | Blog | By Theresa Carnegie, Lauren Moldawer

With 2015 coming to a close, we wanted to provide a recap of the major updates impacting the pharmacy industry and what pharmaceutical manufacturers, pharmacy benefit managers (“PBMs”), and pharmacies might expect in 2016. 
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DOJ Recovers $3.5 Billion in False Claims Act Cases in FY2015 and Pays Record Amount to Qui Tam Relators

December 8, 2015 | Blog | By Laurence Freedman

Late last week, the Department of Justice (DOJ) announced that in FY2015 it obtained more than $3.5 billion in settlements and judgments from civil cases involving allegations of false claims against the government.
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CMS Eases Regulatory Burdens and Creates New Exceptions in “Phase V” of the Stark Regulations

November 17, 2015 | Blog

On November 16, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published the most significant changes to the physician self-referral law ("Stark Law" or "Stark") regulations since 2008.
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HIPAA Lessons from the Warner Chilcott Settlement

November 4, 2015 | Blog | By Ellen Janos

Last week, the US Attorney’s Office in Boston announced that drug company Warner Chilcott agreed to plead guilty to health care fraud and pay $125 million to resolve criminal and civil liability arising out of allegations involving the promotion of the company’s drugs.
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Skeletons in the Closet? Beware of Potential Enforcement Actions

October 29, 2015 | Blog | By Brian Dunphy, Karen Lovitch

With Halloween looming, a discussion of skeletons that may be lurking in a health care provider’s closet is timely. Many of our previous posts, as well as the monthly Qui Tam Updates published by our Health Care Enforcement Defense Group, have discussed a wide variety of state and federal health care fraud investigations and qui tam cases filed by relators under the False Claims Act (FCA).
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Yates Memo Discussed at Pharmaceutical Compliance Congress

October 28, 2015 | Blog

As readers of Health Law and Policy Matters know, we have covered recent developments in the Department of Justice's (DOJ's) commitment to prosecuting individuals involved in corporate misconduct.
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Jury Sides with DOJ in First Phase of FCA Statistical Sampling Trial

October 21, 2015 | Blog | By Samantha Kingsbury

Last week, a jury in Alabama federal court sided with the Department of Justice (DOJ) and qui tam relators in the first part of a False Claims Act (FCA) case against AseraCare Inc., a provider of hospice and palliative care services, and found that claims submitted by AseraCare for 104 patients were objectively false.
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Hot Topics in Laboratory Compliance at AHLA’s Fraud and Compliance Forum

September 24, 2015 | Blog | By Bridgette Keller

Next week, my colleague Karen Lovitch will be co-presenting a discussion on Hot Topics in Laboratory Compliance at the American Health Lawyers Association’s Fraud and Compliance Forum in Baltimore, Maryland.
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Executives Should Take a Closer Look at Insurance Coverage after New DOJ Policies

September 16, 2015 | Blog

Last week, we discussed the memorandum released by the Department of Justice emphasizing the Government’s commitment to holding individuals accountable when dealing with corporate wrongdoing.
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DOJ Issues Memo Directing Prosecutors to Focus on Individual Accountability

September 11, 2015 | Blog | By Eoin Beirne, Bridget Rohde

The U.S. Department of Justice (DOJ) issued a memorandum on Wednesday from Deputy Attorney General Sally Quillian Yates that reaffirms the Government’s commitment to prosecuting individuals and formally instructs prosecutors to focus on individual accountability when dealing with corporate misconduct.
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Government Announces Health Care Fraud “Takedown”

June 18, 2015 | Blog | By Brian Dunphy, Bridgette Keller

Earlier today, Attorney General Loretta Lynch announced the largest coordinated crackdown in the Medicare Fraud Strike Force’s eight-year history.  The government brought charges against 243 individuals for approximately $712 million in alleged Medicare fraud.
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DOJ and HHS Annual Report Highlights $3.3 Billion in Settlements and Judgments in FY 2014

April 6, 2015 | Blog | By Laurence Freedman, Carrie Roll

On March 19, 2015, the Department of Justice (DOJ) and Department of Health and Human Services (HHS) issued their annual Health Care Fraud and Abuse Control (HCFAC) Program report highlighting that the HCFAC Program obtained $3.3 billion in health care fraud judgments and settlements in FY 2014.
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3 Key Take Aways from AHLA’s Institute on Medicare and Medicaid Payment Issues

April 2, 2015 | Blog | By Bridgette Keller

Last week I attended the American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues in Baltimore, Maryland. Taking a comprehensive approach to reimbursement issues, the program offered a variety of sessions ranging from Medicare and Medicaid program fundamentals to areas of highly-specific technical expertise.
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