Fraud and Abuse

A recent Advisory Opinion (No. 23-15) from the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) concluded that a healthcare consulting company’s plan to offer gift cards to physician practices in exchange for referring potential new customers to the company does not violate the federal Anti-Kickback Statute (AKS).

The consulting company

Community Health Network, Inc., based in Indianapolis, Indiana, has paid $345 million to settle alleged violations of the False Claims Act (FCA). The lawsuit was initiated through a whistleblower complaint that was filed in 2014 by the network’s former Chief Financial Officer. The suit alleged that, between 2008 and 2009, the network recruited hundreds of

On December 14, the U.S. Attorney’s Office for the Southern District of New York and other agencies announced the indictment of Niranjan Mittal, a Brooklyn cardiologist, on multiple fraud charges. Mittal allegedly fabricated patient records, paid physicians for patient referrals, and billed for medically unnecessary procedures. The U.S. Attorney’s Office also filed a civil fraud

A September 29 article in NutraIngredients-USA, “New Jersey Man Arrested for Selling Counterfeit Supplements on Amazon,” discussed the arrest of Brad Snyder of Marlton, NJ, for allegedly counterfeiting Pure Encapsulations and Nature M.D. branded products and selling them online. Rivkin Radler’s Steve Shapiro was quoted in the article.

Steve noted the seriousness

The U.S. Attorney’s Office for the Southern District of New York announced on September 18 that cardiologist Klaus Peter Rentrop and his practice, Gramercy Cardiac Diagnostic Services, P.C., agreed to pay $6.5 million to settle allegations that they violated the federal Anti-Kickback Statute and Stark Law. Rentrop admitted to paying physicians millions of dollars in

The American Bar Association has published the second edition of “The Federal Anti-Kickback Statute and Safe Harbors: A History and Practice Guide.” Written by Geoffrey R. Kaiser and Ada Janocinska, the book is a comprehensive reference for one of the nation’s most commonly cited, investigated and enforced health care fraud and abuse laws.

The book

On August 18, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) published an Advisory Opinion warning that a common arrangement under which surgeons profit from referrals of their patients for intraoperative neuromonitoring (IONM) services can violate the federal Anti-Kickback Statute (AKS). The Advisory Opinion, the first significant public commentary on

The U.S. Attorney’s Office for New Jersey recently announced that Alexander Schleider of Lakewood pleaded guilty to wire fraud and conspiracy to commit healthcare fraud in a durable medical equipment (DME) kickback scheme.

Schleider owned and operated several DME companies that provided orthotic braces to beneficiaries of Medicare and other healthcare benefit programs regardless of

On September 14, Rivkin Radler’s Jeff Kaiser will participate on a panel at Practising Law Institute’s Life Sciences 2023: Navigating Legal Challenges in Drug and Device Industries program in New York City.

Held at PLI’s New York Conference Center at 1177 Sixth Avenue, the program will cover the explosive growth of digital health and the