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Author Archives: Andrew Silver

New HHS Kickback Safe Harbors Are Subject To Many Conditions

Last week, the Department of Health and Human Services (“HHS”) Office of the Inspector General (“OIG”) published two new rules in the Federal Register (81 Fed. Reg. 88368 (Dec. 7, 2016)) that create new safe harbors that prevent certain actions taken by healthcare providers from being treated as kickbacks. The new rule relates to sections […]

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Federal Court Allows False Claims Act Allegations To Proceed Against Doctor Billing Medicare For Unreasonably “High Volume” Of Patients

Medicare fraud is pervasive, and often gives rise to claims under the False Claims Act (FCA), including so-called “qui tam” lawsuits brought by whistleblowers.  The ways in which doctors, practice groups, and other healthcare service providers commit fraud is far-ranging, and the manner in which whistleblowers and the government can prove fraud is constantly evolving.  […]

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Supreme Court Ruling Provides Significant Protection to Whistleblowers

In a 7-2 decision last week, the Supreme Court issued a ruling that provides significant protection to whistleblowers who bring potential improprieties within the federal government to light.  Although premised on mere statutory interpretation, the opinion in Department of Homeland Security v. MacLean, ___ S. Ct. ____, No. 13-893, 2015 WL 248560 (Jan. 21, 2015), […]

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Federal Court’s Ruling Approving Use Of Statistical Sampling In False Claims Act Cases Will Help Stamp Out Large-Scale Fraud

Statistical sampling is an important tool for litigants asserting complex claims in cases involving a large universe of related factual issues.  Statistical sampling has become more commonplace over the years, and it is now frequently used in antitrust, employment discrimination, toxic torts, and voting rights cases.  In False Claims Act (FCA) cases, statistical sampling has […]

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Rewards and Protections May Soon Be Available to Australian Qui Tam Whistleblowers

When Australia’s Parliament reconvenes after its September 7 federal elections, Nick Xenophon, an independent Senator representing South Australia, plans (if he is reelected) to introduce legislation designed to strengthen his country’s corporate whistleblower laws, according to the Sydney Morning Herald.  The legislation is planned to be styled after the United States’ False Claims Act, which […]

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