On October 7, the U.S. Attorney’s Office for the District of New Jersey announced that a former physician pleaded guilty to conspiring to wrongfully disclose patients’ protected health information to a pharmaceutical sales representative. Frank Alario, who had had numerous offices in New Jersey, Manhattan and Florida, admitted to criminal HIPAA violations in connection with
Pharmaceuticals
Use of the False Claims Act in Health Care Fraud Investigations and Litigation
Rivkin Radler’s Jeff Kaiser will be a panelist at the Upstate New York Health Care Fraud Symposium hosted by the United States Attorney’s Office for the Northern District of New York. Jeff’s panel is entitled “Use of the False Claims Act in Health Care Fraud Investigations and Litigation.”
The symposium will take place on Friday,…
Fraud Week: Unlucky Pharmacist
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…
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…
Transparency in Coverage Final Rule Took Effect on July 1
The Centers for Medicare & Medicaid Services’ Transparency in Coverage Final Rule took effect on July 1, following a six-month delay in implementation to allow payers to come into compliance.
The Final Rule requires group health plans and health insurance issuers offering non-grandfathered coverage in the group and individual markets to disclose online, in machine-readable…
The Anti-Kickback Statute’s Role in Health Insurance Fraud Cases
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.
New NY Agency Established to Oversee PBMs
On May 11, New York Gov. Kathy Hochul announced the establishment of the Pharmacy Benefits Bureau within the State’s Department of Financial Services (DFS). The Bureau will handle the licensing and supervision of pharmacy benefit managers (PBMs), and in particular their impact on consumers and the cost of healthcare. The Bureau will also have authority…
OIG: Biopharma Company’s Provision of Free Genetic Tests Does Not Warrant Sanctions Under AKS
With the proliferation of precision and individualized medicine, genetic testing and counseling will likely remain on the radar of the Department of Health and Human Services’ Office of Inspector General (OIG) and the Department of Justice for years to come. Biopharma companies and manufacturers must carefully consider the facts and safeguards applicable to any sponsored…
NY Pharmacy Owner Sentenced for Healthcare Fraud
A New York woman was sentenced last month to 78 months in prison for defrauding healthcare programs, including obtaining more than $6.5 million from Medicare Part D plans and Medicaid drug plans.
Queens resident Aleah Mohammed owned five pharmacies, four of which operated under variations of the name “Superdrugs.” Between 2015 and 2020, the pharmacies…
The Opioid Crisis: An Epidemic Exacerbated by Fraud
Rivkin Radler’s Michael Sirignano wrote an article, “The Opioid Crisis: An Epidemic Exacerbated by Fraud,” that appeared in the March 3 issue of the New York Law Journal. The article discussed the various types of opioid fraud, including illegal distribution, fake prescriptions, illegal dispensing by pharmacies, and medically unnecessary procedures.
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