In United States ex rel. Owens v. First Kuwaiti General Trading & Contracting Co., No 09-1899, 2010 WL 2794369 (4th Cir. July 16, 2010), the Fourth Circuit affirmed a grant of summary judgment to a government contractor because the Relator at most alleged a mere breach of contract, and not the type of wrongdoing targeted by the FCA.
Continue Reading...On July 9, 2010, in United States ex rel. Conrad v. Grifols Biologicals Inc., Civil Action No. 07-3176-RDB (D. Md. July 9, 2010), an action brought by a relator where the Government did not intervene, the District Court dismissed the action with prejudice against defendant drug manufacturers Novartis Consumer Health, Inc. (Novartis) and Baxter Healthcare Corporation (Baxter). The action was brought under the federal FCA and seventeen state FCAs.
Continue Reading...On June 30, 2010, the New York State Legislature passed legislation amending the New York State False Claims Act, N. Y. State Fin. Law § 188, et seq. (the “New York FCA”). The New York FCA, enacted in 2007, is almost identical to the federal FCA. Many of the amendments track amendments to the federal FCA contained in the 2009 Fraud Enforcement & Recovery Act (FERA). New York is the first state to adopt the FERA amendments. The legislation enacting the amendments purports to make the amendments apply retroactively to the date of the enactment of the New York FCA, in 2007. Below are some of the key changes:
Continue Reading...On June 29, 2010, the Department of Human Services, Office of Inspector General (OIG) published a report titled, “Review of Inpatient Rehabilitation Facilities’ Compliance with Medicare’s Transfer Regulation During Fiscal Years 2004 Through 2007,” which describes an audit of claims submitted to Medicare by Inpatient Rehabilitation Facilities (IRFs). The OIG’s audit found millions of dollars of overpayments.
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