Rivkin Rounds’ first Fraud Week kicks off with kickbacks. The U.S. Department of Justice (DOJ) recently announced that the owner of Boerne Drug in Boerne, Texas was indicted on conspiracy charges for his role in an alleged kickback scheme. According to DOJ, pharmacy owner Lucky S. Ott and his co-conspirators offered and paid bribes to
Fraud and Abuse
Kaiser to be PLI Panelist on Drug and Device Enforcement Trends
On September 28, Rivkin Radler’s Jeff Kaiser will be a panelist at the Practising Law Institute’s program, Life Sciences 2022: Navigating Legal Challenges in Drug and Device Industries. The program is designed for attorneys and allied professionals who counsel pharmaceutical and life sciences companies.
Entitled “Enforcement Trends Impacting the Drug and Device Industries,” Jeff’s…
Private Insurers Must Watch Out for Medical Equipment Fraud
Healthcare fraud related to durable medical equipment (DME) is extremely costly to insurers, yet often continues without criminal or civil consequences. Rivkin Radler’s Michael Vanunu recently wrote an article on the topic for Law360.
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NY Medical Practice Settles False Claims Act Allegations Related to “Incident-To” Billing
By Rivkin Rounds Staff on
On August 3, North Country Neurology, P.C., a physician-owned medical practice located in Watertown, NY (the “Practice”), reached a settlement with the U.S. Attorney’s Office for the Northern District of New York to pay $850,000 for submitting false Medicare claims for payment.
Among other things, the Practice admitted to having submitted 120 claims between September…
Spinal Device Distributor, Owners and PODs Settle Kickback Claims for $1 Million
The U.S. Department of Justice (DOJ) recently announced that Reliance Medical Systems LLC, a Utah-based distributor of spinal implant devices, two of its individual owners, and two of its physician-owned distributorships (PODs) agreed to pay $1 million to resolve a lawsuit brought under the False Claims Act. Reliance allegedly operated the PODs as a vehicle…
HHS OIG Issues Telehealth Fraud Alert
By Eric Fader on
On July 20, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) issued a Special Fraud Alert to caution healthcare practitioners who may wish to enter into arrangements with telehealth companies. The Alert describes several types of fraud schemes that have resulted in federal investigations and civil and/or criminal charges, particularly…
New OMIG Compliance Regulations: What You Need to Know
By Rivkin Rounds Staff on
On July 13, the New York Office of Medicaid Inspector General (OMIG) published proposed regulations implementing 2020 changes to law relating to provider compliance programs, Medicaid managed care fraud, waste and abuse prevention programs, and OMIG’s self-disclosure program. The proposed changes will significantly affect both payers and providers alike.
In the next installment of Rivkin…
The Anti-Kickback Statute’s Role in Health Insurance Fraud Cases
By Rivkin Rounds Staff on
Rivkin Radler’s Michael Sirignano authored a recent article for the New York Law Journal entitled “The Anti-Kickback Statute’s Role in Health Insurance Fraud Cases.” The article discussed recent lawsuits against physicians, laboratories, hospitals, and a large pharmaceutical company, McKesson Corporation, under the False Claims Act and federal Anti-Kickback Statute.
California Corporate Practice of Medicine Lawsuit Survives Motion to Dismiss
By Eric Fader on
On May 27, the U.S. District Court for the Northern District of California refused to dismiss a lawsuit[1] brought against Envision Healthcare Corp. alleging violations of California’s corporate practice of medicine (CPOM) prohibition, as well as state fee-splitting and kickback prohibitions. The action was brought by the American Academy of Emergency Medicine Physician Group…
OIG Permits Arrangement Involving Physician-Owned Medical Device Company
In a recent Advisory Opinion, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) determined that an arrangement involving certain physicians who have an ownership interest in a medical device company that manufactures products that may be ordered by the physician owners (the “Company”) was not considered a suspect physician-owned…