In an April 7, 2021, interview with Federal News Network, Washington, D.C., partner Michael Podberesky discussed how federal contractors are impacted by the U.S. Supreme Court’s recent decisions denying two petitions for writs of certiorari, thereby declining to resolve a circuit court split regarding the False Claims Act’s standard for pleading and proving the
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Rural FQHC Can Provide Free Space for COVID-19 Vaccinations
As previously discussed, on April 3, 2020, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a process for inquiries to be submitted to OIG about whether administrative enforcement discretion would be provided for certain arrangements directly connected to the 2019 novel coronavirus (COVID-19). OIG established this process to
Court Dismisses FCA Retaliation Complaint Involving Speaker Fees
In U.S. ex rel. Manieri v. Avanir Pharmaceuticals, Inc., 2021 WL 857102 (N.D. Oh. Mar. 8, 2021), the Northern District of Ohio dismissed a relator’s claim that he had been improperly retaliated because he had raised concerns about alleged fraudulent conduct involving speaker fees under the False Claims Act (FCA) and the Federal Anti-Kickback Statute
Eleventh Circuit Affirms 11-year Prison Sentence for Substance Abuse Treatment Center Physician
Last month, the Eleventh Circuit upheld the conviction and 11-year prison sentence of a physician-Medical Director of two substance abuse treatment centers in Florida who was convicted by a jury of participating in a conspiracy to commit healthcare fraud. On appeal, Arman Abovyan, a board-certified internal medicine physician, challenged his convictions based on insufficiency of
Free FQHC COVID-19 Testing Approved by OIG
As previously discussed, on April 3, 2020, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a process for inquiries to be submitted to OIG about whether administrative enforcement discretion would be provided for certain arrangements directly connected to the 2019 novel coronavirus (COVID-19). OIG established this process to
Fifth Circuit Vacates Fraud Conviction after Denying Codefendants’ Appeal
The U.S. Fifth Circuit recently reversed a former home health agency employee’s conviction and vacated his sentence related to three counts of healthcare fraud and abuse. Jonathan Nora was convicted by the trial court of conspiracy to commit health care fraud, aiding and abetting healthcare fraud, and several violations of the Federal Anti-Kickback Statute (AKS)
American Rescue Plan Funds OIG’s Provider Relief Fund Oversight
On March 11, 2021, President Joe Biden signed into law H.R. 1319, the American Rescue Plan Act of 2021. The American Rescue Plan’s $1.9 trillion in spending, contains numerous provisions impacting healthcare, including medical insurance, services delivery and providers.
The American Rescue Plan also provides $5 million to the HHS Office of Inspector General
FCA Insider Blog Interview with Michael Podberesky: Part II
As mentioned in our previous article, last month we were pleased to welcome former DOJ prosecutor Michael Podberesky to McGuireWoods. The below is the continuation of our Q&A with Michael:
Brett:
What is some advice that you would provide to a client that is responding to a Civil Investigative Demand (CID) or subpoena?
FCA Insider Blog Interview with Michael Podberesky
Last month we were pleased to welcome former DOJ prosecutor Michael Podberesky to McGuireWoods. Michael comes to McGuireWoods after a five and a half year stint as a fraud prosecutor focused mainly on healthcare enforcement under the guise of the False Claims Act. Below is a short Q&A with Michael discussing his background and
DEA Investigation Leads to Record-Setting Settlement for Drug Diversion at a Health Care System
The United States Department of Justice (DOJ) recently announced the nation’s largest settlement involving allegations of drug diversion at a health care system. The settlement, totaling $7,750,000, came after a years-long investigation by the U.S. Drug Enforcement Administration (DEA) into McLaren Health Care Corporation (MHCC). The DEA concluded that MHCC’s handling of controlled substances violated