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CMS Releases Proposed Rule on Accountable Care Organizations

After much anticipation, several federal agencies released documents today addressing legal issues regarding Accountable Care Organizations (ACOs). Significantly, the Centers for Medicare &...

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With Boehringer Ingelheim FCA Settlement, Government Continues To Expand...

Boehringer Ingelheim Pharmaceuticals, Inc. (“BIPI”) is the latest pharmaceutical manufacturer to enter into a False Claims Act settlement with the Department of Justice (“DOJ”) predicated on off-label...

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Is Off-Label Enforcement Off Limits?

On Monday, the Second Circuit Court of Appeals issued a split decision in U.S. v. Caronia, vacating the criminal conviction of a pharmaceutical sales representative who was found guilty of misbranding,...

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Two Months After Indictment, Medicare Fraud Mastermind and Doctor Plead Guilty

Mark Morad, the man who cooked up a $56 million Medicare fraud scheme, and his accomplice doctor pled guilty yesterday in federal court in Louisiana to various health care fraud charges. According to a...

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Government Joins Lawsuit Against Florida Doctor Alleging Fraud and Kickbacks

In a move demonstrating the government’s continued aim to combat health care fraud through its Health Care Fraud Prevention and Enforcement Action Team (HEAT), the Department of Justice announced today...

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FTC Seeks Public Comments in Advance of Health Care Competition Workshop

The Federal Trade Commission and the Antitrust Division of the Department of Justice will co-host a second workshop in the series “Examining Health Care Competition” on February 24-25, 2015, in...

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U.S. Supreme Court Denies Antitrust Protection for State Professional Boards

In a 6-3 decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, the United States Supreme Court ruled today that state professional boards comprised of active...

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DOJ/OIG Issue FY2014 Report: Health Fraud Recoveries and Case Filings Decline

In an annual report required by Congress and issued today, the Department of Health and Human Services (HHS-OIG) and Department of Justice (DOJ) detailed their FY 2014 results under their coordinated...

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Words Hurt: FTC Challenges Proposed Hospital Merger Using Parties’ Own...

The Federal Trade Commission (FTC or Commission) authorized action on November 6 to block the proposed merger of two hospitals located in Huntington, West Virginia. The FTC issued an administrative...

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DOJ Antitrust Head Remains Focused on Health Care in Era of Consolidation

Speaking at an industry conference on November 13, U.S. Assistant Attorney General Bill Baer reiterated the government’s focus on competition concerns in the health care industry. According to Baer,...

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Judge Has No Interest in DOJ’s Statement of Interest

In yet another demonstration of the benefits of lifetime tenure, a federal judge in Florida has told the Department of Justice to take a hike. It happened when the DOJ asked for permission to submit a...

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