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SavaSeniorCare LLC Agrees to Pay $11.2 Million to Resolve False Claims Act Allegations

On Friday, May 21, 2021, the DOJ announced in a press release that Georgie-based, SavaSeniorCare LLC and its related entities (“Sava”) agreed to pay $11.2 million, plus additional amounts if certain financial contingencies occur, to resolve civil allegations that Sava violated the False Claims Act. A copy of the Settlement Agreement* is here -> Sava, through its subsidiaries, provides skilled nursing services and rehabilitation therapy services, including physical, occupational, and speech therapy, to patients at numerous skilled nursing facilities (“SNFs”) nationwide, and bills the Medicare… Read More »SavaSeniorCare LLC Agrees to Pay $11.2 Million to Resolve False Claims Act Allegations

U.S. Attorney General Merrick B. Garland Announces Task Force to Combat COVID-19 Fraud

On May 17, 2021, the Department of Justice, Office of Public Affairs, ANNOUNCED that the Attorney General directed the establishment of the COVID-19 Fraud Enforcement Task Force to marshal the resources of the DOJ to enhance enforcement efforts against COVID-19 related fraud. The Task Force FACT SHEET and AG Memorandum makes clear that “The Department of Justice will use every available federal tool – including criminal, civil, and administrative actions – to combat and prevent COVID-19 related fraud. We look forward to working with our… Read More »U.S. Attorney General Merrick B. Garland Announces Task Force to Combat COVID-19 Fraud

French Medical Device Manufacturer to Pay $2 Million in a Civil Settlement to Resolve Kickbacks to Physicians and Related Medicare Open Payments Program Violations

On May 19, 2021, the Department of Justice (Eastern District of Pennsylvania) announced in a PRESS RELEASE that Medicrea International, a French medical device manufacturer, and its American affiliate Medicrea USA Inc., agreed to pay: $1 Million to the United States and participating states to resolve civil whistleblower allegations that the companies, by entertaining U.S.-based physicians during a 2013 conference in France, violated the Anti-Kickback Statute and, through resulting claims to federal healthcare programs, the False Claims Act and similar state statutes; and  an additional… Read More »French Medical Device Manufacturer to Pay $2 Million in a Civil Settlement to Resolve Kickbacks to Physicians and Related Medicare Open Payments Program Violations

South Carolina’s Largest Urgent Care Provider and its Management Company to Pay $22.5 Million to Settle Civil Allegations of Healthcare Fraud in Violation of the False Claims Act

On April 8, 2021, the DOJ announced in a PRESS RELEASE that Doctors Care, P.A. – South Carolina’s largest urgent care provider network – and its management company, UCI Medical Affiliates of South Carolina, Inc. (“UCI”), will pay $25 million to resolve* civil allegations of healthcare fraud in violation of the False Claims Act. Relators initiated the FCA action on August 8, 2017 with the filing of their original complaint. On September 18, 2017, Relators filed their Amended Complaint for False Claims Act Violations, a… Read More »South Carolina’s Largest Urgent Care Provider and its Management Company to Pay $22.5 Million to Settle Civil Allegations of Healthcare Fraud in Violation of the False Claims Act

North Carolina Pain Management Company to Pay $789,292.95 to Resolve Civil Allegations of False Claims for Urine Drug Testing

On April 16, 2021, the DOJ announced in a PRESS RELEASE that Preferred Pain Management & Spine Care, P.A. (“PPM”) and its owner, Dr. David Spivey, have agreed to pay $789,292.95 to resolve civil allegations that PPM violated the False Claims Act by billing Medicare, Medicaid, and other federal health care programs for medically unnecessary urine drug testing (“UDT”). The Relator/Whistleblower will receive $118,911.12 as her share of the federal recovery in this case. According to the Qui Tam Relator’s Complaint filed on January 22,… Read More »North Carolina Pain Management Company to Pay $789,292.95 to Resolve Civil Allegations of False Claims for Urine Drug Testing

United States Intervenes in False Claims Act Case Against One of the Largest Providers of OutPatient Mental Health and Substance Abuse Services in Delaware

The original complaint was filed in 2019 under the qui tam or whistleblower provisions of the False Claims Act. On April 9, 2021, the United States filed its Complaint in Intervention, partially intervening in a False Claims Act case in the U.S.D.C. for the District of Delaware, bringing claims against Connections Community Support Programs, Inc. (“Connections”), to recover treble damages sustained by, and civil penalties owed to, the United States based on Connections’ conduct. A copy of the Complaint in Intervention can be found below:… Read More »United States Intervenes in False Claims Act Case Against One of the Largest Providers of OutPatient Mental Health and Substance Abuse Services in Delaware

Bristol-Myers Squibb to Pay $75 Million to Resolve False Claims Act Allegations of Underpayment of Drug Rebates Owed Through Medicaid.

On April 1, 2021, the DOJ announced in a PRESS RELEASE that Bristol-Myers Squibb (“BMS”) had agreed to pay the United States and participating states a total of $75 Million, plus interest, to resolve allegations that it knowingly underpaid rebates owned under the Medicaid Drug Rebate Program (“MDRP”)*. Relator, Ronald Streck, initiated the current civil lawsuit in the Eastern District of Pennsylvania, under the whistleblower provisions of the False Claims Act, as well at multiple state false claims acts. The government declined intervention of this… Read More »Bristol-Myers Squibb to Pay $75 Million to Resolve False Claims Act Allegations of Underpayment of Drug Rebates Owed Through Medicaid.

Owners and Former Employee of Health Care Company Face Federal Charges for Allegedly Paying Kickbacks to Homeless Patients and Fraudulently Billing Medicaid

On April 2, 2021, the DOJ announced in a PRESS RELEASE that a federal criminal complaint was filed charging a husband and wife of Silver Spring, Maryland, (and their employee) with health care kickbacks and conspiracy to receive unlawful kickbacks, in connection with their company, Holy Health Care, Services, LLC (“Holy Health”). The criminal complaint is sealed, but the Affidavit in Support of Criminal Complaint and Arrest Warrants is below: According to the Affidavit, Julius Bakari owns and operates Holy Health, and is also the… Read More »Owners and Former Employee of Health Care Company Face Federal Charges for Allegedly Paying Kickbacks to Homeless Patients and Fraudulently Billing Medicaid

March 31, 2021 – The Sixth Circuit, Addressing an Issue of First Impression, Held that the FCA’s Anti-Retaliation Provision Protects Former Employees Alleging Post-Termination Retaliation

Whistleblower, David Felten, M.D., Ph.D. (“Felten”), initially filed his qui tam complaint on August 30, 2010, alleging his then-employer, William Beaumont Hospital (the “Hospital”) was violating the False Claims Act (FCA) and the Michigan Medicaid False Claims Act. Felton alleged that the Hospital was paying kickbacks to physicians and physicians’ groups in exchange for referrals of Medicare, Medicaid, and TRICARE patients. Felten also alleged that the Hospital retaliated against him in violation of the FCA’s anti-retaliation provision and Michigan Law, by threatening and marginalizing him… Read More »March 31, 2021 – The Sixth Circuit, Addressing an Issue of First Impression, Held that the FCA’s Anti-Retaliation Provision Protects Former Employees Alleging Post-Termination Retaliation

Governor DeSantis signed SB 72 – Providing Protections from COVID-Related Civil Lawsuits

The bill, SB 72, provides if a court determines that the defendant made “a good faith effort” to comply with government health guidelines, there is immunity from civil liability. If the court determines that the defendant “did not make such a good faith effort,” the plaintiff may proceed with the action. However, the plaintiff carries a heightened burden of proof – “absent at least gross negligence proven by clear and convincing evidence, the defendant is not liable for any act or omission relating to a… Read More »Governor DeSantis signed SB 72 – Providing Protections from COVID-Related Civil Lawsuits