Two New York residents were recently indicted in the Eastern District of New York federal court in Central Islip for conspiracy to commit healthcare fraud, among other charges. The defendants allegedly paid kickbacks and submitted fraudulent claims to government payors, including Medicaid, for transportation services that were either not provided or for which the mileage
Litigation
Carbon Health Settlement Highlights Scrutiny of MSOs
California Attorney General Rob Bonta recently announced a proposed settlement with Carbon Health Technologies, Inc., which operates primary care clinics throughout the state. The settlement follows allegations that the company’s physician practice management structure ran afoul of California’s corporate practice of medicine (CPOM) doctrine, as well as certain state consumer protection and billing laws. Carbon…
Resolving Payment Disputes Under the No Surprises Act
On Thursday, July 23, in the next installment of Rivkin Radler’s Health Law Executive Briefings, Chris Kutner and Emily Manning will present “Resolving Payment Disputes Under the No Surprises Act: An Analysis of the Federal IDR Process.”
The federal Independent Dispute Resolution (IDR) process, administered by the U.S. Department of Health and Human Services (HHS)…
DOJ Sues New York and PPL Over Alleged Fraud in Revamping CDPAP Program
On June 16, The Department of Justice (DOJ) sued the New York Department of Health (DOH), the DOH Medicaid Director, and Public Partnerships LLC (PPL) – the Georgia-based company selected by DOH in 2025 to manage New York’s Consumer Directed Personal Assistant Program (CDPAP) – in federal district court. The lawsuit alleges that the defendants…
HHS Finalizes Major Reforms to IDR Process under NSA
On May 28, the U.S. Department of Health and Human Services (HHS) finalized regulations intended to make the Independent Dispute Resolution (IDR) process under the No Surprises Act (NSA) more efficient and transparent in helping to resolve out-of-network payment disputes between healthcare providers and payors.
Under the IDR process, insurers and healthcare providers both file…
Aspen Dental Reaches CPOM Settlement with CA AG
Aspen Dental, one of the nation’s largest dental service organizations (DSOs), recently settled charges alleging violations of California’s corporate practice of medicine (CPOM) and unfair competition laws. This was not the first time similar charges had been lodged against Aspen Dental; in 2015, it entered into a settlement with the New York Attorney General after…
DOJ Announces New Measures to Promote Meritorious Qui Tam Actions Targeting Fraud Against Benefits Programs
On May 27, in furtherance of the March 16, 2026 Executive Order on Eliminating Fraud, Assistant Attorney General Brett A. Shumate issued a memo titled “Accelerating Review and Enhancing Enforcement in Benefits Fraud Matters.” The Memo announced new measures by the U.S. Department of Justice (DOJ) to strengthen False Claims Act (FCA) enforcement…
DOJ Launches New FCA Initiative
The U.S. Department of Justice (DOJ) recently announced a new initiative to enhance its working relationship with data miners who bring cases as whistleblowers under the False Claims Act (FCA). The initiative is dubbed “FOCUS,” an acronym for Fraud Oversight through Careful Use of Statistics.
There has been a sharp increase in qui tam complaints…
Overview of the Federal IDR Process
[Note: On May 28, HHS finalized new regulations on the IDR process, as discussed here.]
The No Surprises Act (NSA), enacted in 2020, was designed to protect patients from unexpected medical bills in certain healthcare settings. The law primarily applies when a patient receives emergency care at either an in-network or out-of-network facility, or…
NJ Pharmacy Exec Jailed for Kickback Scheme
Adam Brosius, a former pharmacy executive, was recently sentenced to 24 months in prison and ordered to pay $33 million in restitution and $27 million in forfeiture.
Brosius was the director and then the president of Main Avenue Pharmacy, a mail-order pharmacy based in Clifton, New Jersey. He orchestrated a complex kickback scheme in which…
