A recent Eleventh Circuit Court of Appeals decision opens the door to a broader view of False Claims Act (“FCA”) liability. The Court’s decision in U.S. ex rel. Phalp v Lincare Holdings, Inc., issued in May 2017, looked more deeply into a Medicare supplier’s subjective state of mind than is […]
Health Law Alert
Alleged Meaningful Use Fraud Results in EHR Vendor Settlement
on Friday, 14 July 2017 in
Health Law Alert: Kristin N. Lindgren, Editor
DOJ Settlement with eClinicalWorks In May 2017, Electronic Health Record (“EHR”) vendor eClinicalWorks settled allegations of False Claims Act and anti-kickback statute violations with the United States Department of Justice for $155 million. The government alleged that the company had misrepresented the capabilities of its software in order to be […]
False Claims Act Case Based on Real Estate Transactions Dismissed
on Friday, 7 July 2017 in
Health Law Alert: Kristin N. Lindgren, Editor
Thomas Bingham, a real estate appraiser in the Tampa, Florida area, brought a qui tam action against BayCare Health System under the Federal False Claims Act alleging underlying violations of the Stark Law and anti-kickback statue arising out of two real estate transactions. The case is initially interesting in that […]
“Hidden Assets” Recovery – Nebraska Medicaid
on Wednesday, 21 June 2017 in
Health Law Alert: Kristin N. Lindgren, Editor
On May 16, 2017, the Nebraska Legislature passed L.B. 268 that expands asset recovery for Medicaid beneficiaries. Under the new bill, the definition of “estate” will now include any real estate, personal property, or other assets in which a Medicaid beneficiary had any legal title or interest, at or just […]
IRS Actively Auditing Hospitals For 501(r) Compliance
on Wednesday, 14 June 2017 in
Health Law Alert: Kristin N. Lindgren, Editor
The Patient Protection and Affordable Care Act (ACA) added Section 501(r) to the Internal Revenue Code (the “Code”). Section 501(r) of the Code put in place a number of new requirements for tax-exempt hospitals, including provisions related to financial assistance policies (FAP), limitations on charges, and billing and collection matters. […]
