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Searching Content indexed under Litigation, Mediation & Arbitration by Thomas Crane ordered by Published Date Descending.
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Azar v. Allina: Supreme Court Decides Important Case On When CMS Must Use Formal Rulemaking When Instructing Medicare Contractors
On June 3, 2019, the U.S. Supreme Court issued a decision in Azar v. Allina Health Services. The case involved a challenge by hospitals over whether the Department of Health and Human Services
United States
13 Jun 2019
2
Mintz Levin Health Care Qui Tam Update - June 2018
Last week, Mintz Levin's Health Care Enforcement Defense Group published a new Qui Tam Update, which analyzes 60 health care-related False Claims Act qui tam cases unsealed...
United States
12 Jun 2018
3
Supreme Court Adopts Implied False Certification Theory In Universal Health Services v. United States Ex Rel. Escobar But Imposes Limits
On June 16, 2016, a unanimous Supreme Court issued its long-awaited decision in Universal Health Services v. United States ex rel. Escobar ("Escobar").
United States
24 Jun 2016
4
Justices Grapple With Limits Of False Claims Act Liability In Implied Certification Cases
Last week the Supreme Court heard oral argument in a False Claims Act ("FCA") case in which the Court is considering the validity of the so-called implied false certification theory.
United States
28 Apr 2016
5
Developments In Judicial Deference Of Administrative Agency Actions
In my post of April 2, Divided Supreme Court Restricts Provider Challenges to State Medicaid Rates, I wrote about the March 31st Supreme Court decision that providers may not sue in federal court over the adequacy of state Medicaid rates (See Armstrong v. Exceptional Child Ctr., Inc. ("Exceptional Child Center").
United States
24 Apr 2015
6
Divided Supreme Court Restricts Provider Challenges To State Medicaid Rates
A divided Supreme Court ruled by a 5-4 margin on March 31st that providers may not sue in federal court over the adequacy of state Medicaid rates.
United States
7 Apr 2015
7
7th Circuit Court of Appeals Creates Expansive Definition of "Referral" Under the Anti-Kickback Statute
On February 10, 2015, in United States v. Patel, the Seventh Circuit Court of Appeals ruled that a physician makes a "referral" within the meaning of the federal health care programs Anti-Kickback Statute (AKS).
United States
13 Feb 2015
8
HHS Issues Report To Congress On The Self-Referral Disclosure Protocol
On March 23, 2012, the Department of Health and Human Services (HHS) issued its statutorily required report to Congress (Report) describing the implementation of the Medicare Physician Self-Referral Disclosure Protocol (SRDP) and the status of disclosures under the SRDP to date.
United States
5 Apr 2012
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Will The Supreme Court Weigh In? Implied Certification Theory Under The False Claims Act
For many years, federal courts have grappled with the issue of whether factually accurate claims submitted to the government for payment can nevertheless be "false or fraudulent," pursuant to an implied certification theory, under the False Claims Act (FCA) because of an underlying violation of law.
United States
26 Oct 2011
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