Providers Face Government Scrutiny Over COVID Coverage For Uninsured

Originally published in Healthcare Michigan, Volume 41,  No. 3 The Families First Coronavirus Response Act (FFCRA) was enacted in March 2020 as part of the government’s response to the COVID-19 pandemic. The FFCRA, among other things, provided funds for diagnostic testing and services for people without insurance for COVID-19. These funds were distributed through the …

Supreme Court Issues Ruling on the Requisite Intent for False Claims Act Defendants

Originally published in Healthcare Michigan, Volume 40,  No. 7 A recent decision by the Supreme Court clarified the required intent for a defendant to be held liable under the False Claims Act.  According to the Court, the FCA’s scienter requirement refers to a defendant’s knowledge and subjective beliefs – not what an objectively reasonable person might have known …

Department of Justice Increases Focus on COVID-19 Fraud

In March 2020, Congress passed the Coronavirus Aid, Relief and Economic Security (“CARES”) Act, which provided $2.2 trillion in economic relief.  The Act was designed to quickly get money to millions of Americans suffering from the pandemic.  Unfortunately, this relief provided ample opportunity for fraud.  As the COVID pandemic begins to ease, the Department of …

A Review of Key 2018 False Claims Act Recoveries and Developments

A summary of the article “A Review of Key 2018 False Claims Act Recoveries and Developments,” which first appeared in Physicians Practice. In December, the Department of Justice announced that it recovered more than $2.8 billion in False Claims Act judgments and settlements for fiscal year 2018. The largest settlements involved pharmaceutical companies: AmerisourceBergen Corporation, …

Opioid Litigation Comes To Michigan – What Physicians And Hospitals Need To Know

Michigan, like the rest of the country, suffers from an opioid epidemic. Every day, more than 100 Americans die from an opioid overdose1. Some economists estimate that the opioid crisis has cost the U.S. economy more than $1 trillion since 2001 and is on pace to cost an additional $500 billion through 20202. The profligate …