FCA Alert

FCA Alert

Monthly Archives: August 2010

Update: Gov. Paterson Signs NY FCA Amendments Into Law

Posted in Legislation & Amendments
On August 15, 2010, Gov. Paterson signed into law amendments to New York’s FCA recently passed by the New York State legislature. The amendments became effective August 29. The amendments – which closely track amendments to the federal FCA contained in the 2009 Fraud Enforcement and Recovery Act – significantly increase the scope of New York’s FCA. Click … Continue Reading

Texas Court Holds FCA Amendment Applies Retroactively to Claims for Payment, Not Lawsuits

Posted in Decisions Interpreting FCA Elements
On August 16, 2010, the United States District Court for the Northern District of Texas held that a key provision of the recent Fraud Enforcement and Recovery Act (FERA) amendments to the federal FCA intended to overturn the Supreme Court’s 2008 decision in Allison Engine Co. v. United States ex rel Saunders does not apply … Continue Reading

OIG Estimates Medicare Overpaid Physicians by $13.8 Million

Posted in OIG Audits
In a July 28, 2010 report, the Department of Human Services, Office of Inspector General (OIG) estimated that incorrect place-of-service coding on claims for physician services under the Medicare Part B program has resulted in millions of dollars in overpayments to providers nationwide. The report, titled “Review of Place-of-Service Coding for Physician Services Processed by Medicare … Continue Reading

Tennessee Court Dismisses Retaliatory Discharge Claim under FCA

Posted in Retaliatory Discharge
On August 9, 2010, the District Court for the Middle District of Tennessee in Smith v. C.R. Bard, Inc., Civil Action Number 3-09-0139, dismissed a claim alleging wrongful discharge in retaliation for actions taken in furtherance of an FCA claim, holding that plaintiff had failed to show that his actions were "sufficiently connected to exposing … Continue Reading

Ninth Circuit Adopts Implied Certification Theory

Posted in Decisions Interpreting FCA Elements
The Ninth Circuit recently joined the Second, Sixth, Tenth, and Eleventh Circuits in endorsing the theory of implied certification under the federal FCA. See Ebeid ex rel. United States v. Lungwitz et al., No. 09-16122, 2010 WL 3092637 (Aug. 9, 2010). The implied false certification theory was first recognized by the Court of Federal Claims in Ab-tech … Continue Reading

Tenth Circuit Reverses Dismissal of Relator Action

Posted in Rule 9(b) Decisions
The Tenth Circuit reversed the District Court’s dismissal of a relator’s action, holding that the District Court should have applied a more lenient pleading standard. See United States ex rel. Lemmon v. Envirocare of Utah, Inc., No. 09-4079, 2010 WL 3025021 (10th Cir. Aug. 4, 2010). In Lemmon, the relator brought claims under the FCA, alleging that … Continue Reading

Relators Can Amend Complaint With Documents Obtained By Government

Posted in Rule 9(b) Decisions
On July 20, 2010, the District Court of the Southern District of Texas in United States ex. rel. King v. Solvay S.A., Civil Action H-06-2662, held that relators could amend their complaint to add factual allegations based on documents obtained by state governments pursuant to investigative powers while the case was under seal. The relators used … Continue Reading
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