FCA Alert

FCA Alert

Monthly Archives: October 2011

For-Profit Home Health Care Companies Targeted By Senate Finance Committee

Posted in Investigations
The Senate Finance Committee recently released a report describing the Committee’s findings based on an investigation into Amedisys, LHC Group, Gentiva, and Almost Family, four of the largest publicly-traded home health care companies.  See Report part I and part II.  The Committee alleges that home health care companies “gamed” the Medicare reimbursement system for therapy … Continue Reading

Par Files Complaint Against the Government Claiming that FDA’s Off-Label Marketing Regulations Violate the First Amendment

Posted in Investigations
Par filed a Complaint for Declaratory and Injunctive Relief against the United States, the U.S. Food & Drug Administration (FDA), the Commissioner of the FDA, and the Secretary of the Department of Health & Human Services seeking a declaratory judgment that the application of FDA off-label marketing regulations to Par’s marketing of Magace® ES violates … Continue Reading

Update: Relators Run the Risk that Complaints in Voluntarily Dismissed Cases May Be Unsealed

Posted in Relator Issues
Earlier this week we reported on a case in the U.S. District Court for the District of Columbia in which the court unsealed a relator’s complaint after the relator voluntarily dismissed it, holding that "the rationale behind sealing FCA cases is to allow the United States ample time to investigate the allegations, and the FCA … Continue Reading

NJ Appellate Court Holds that NJ False Claims Act Cannot Reach Conduct Occurring Before March 2008

Posted in Decisions Interpreting FCA Elements
The New Jersey Appellate Division for the Superior Court, Mercer County, recently held that the New Jersey False Claims Act, N.J.S.A. 2A:32C–1 to –15 and N.J.S.A. 2A:32C–17 to –18, which was enacted on January 1, 2008 and made effective on March 13, 2008, does not apply retroactively to allegedly false claims submitted prior to the … Continue Reading

Amgen Seeks Supreme Court Review of Implied Certification Theory of Liability Under the False Claims Act

Posted in Decisions Interpreting FCA Elements
The U.S. Courts of Appeals have been wrestling with the reach of the False Claims Act when the actual claim submitted to the government is not “factually false.”  Some courts have adopted a framework in which a claim that is true on its face can be considered “legally false” where a party somehow involved in … Continue Reading
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