Mintz Levin's Health Care Enforcement Defense Group has published the latest edition of its Qui Tam Update. The October Qui Tam Update reviews 15 health-related False Claims Act cases that were recently unsealed. Over half of the cases involved both state and federal claims, and over 85% of the relators in the cases were current or former employees. Additionally, the government affirmatively declined to intervene in about half of the cases. In this issue, two noteworthy cases are highlighted:
- Miller v. Neuropsychiatric Institute, LLC, No. 8:14-cv-1110 (M.D. Fla.), involving a novel expansion of False Claims Act liability. Beyond false claims submitted to Medicare and Medicaid, the relator alleged false claims were made that amounted to immigration fraud and Social Security benefits fraud.
- United States ex. rel. Yvette Odumosu v. Pediatric Services of America Healthcare, No. 1:11-cv-1007 (N.D. Ga.) ("Odumosu") and United States ex. rel. Sheila McCray v. Pediatric Services of America, Inc., No. CV413-127 (S.D. Ga.) ("McCray"), which resulted in the first ever False Claims Act settlement involving an alleged failure to adequately investigate credit balances and determine whether those balances resulted from overpayments from federal health care programs.
Read the full Qui Tam Update for more information about the trends we've observed in all of the recently unsealed cases. In our Qui Tam Update series, we monitor recently unsealed FCA cases, identify trends in health care enforcement, and discuss noteworthy cases and developments. To receive the Qui Tam Update by email, subscribe here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
