Publications by David B. Honig

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Emergency Physician Loses Appeal on EMTALA Retaliation Claim

[05/16/25]

Court Confirms Value in Obtaining Advisory Opinion from OIG

[04/28/25]

Seventh Circuit Narrows Scope of Anti-Kickback Statute in United States v. Sorensen

[04/28/25]

D.C. Court of Appeals Joins Prohibition on Pro Se Pursuit of FCA Claims

[04/07/25]

D.C. Court of Appeals Shuts Down Recycled Fraud Claims Under Public Disclosure Bar

[03/24/25]

Understanding the Fourth Circuit’s Ruling on the First-to-File Rule in FCA Cases

[03/12/25]

Federal Court Slashes $448 Million False Claims Act Penalty, Citing Eighth Amendment

[03/11/25]

Federal District Court Issues Nationwide Injunction Preventing Implementation of Core Provisions of President Trump’s Anti-DEI Executive Orders, Including FCA Liability

[02/25/25]

Executive Order Creates Potential False Claims Act Liability for Employment Discrimination

[01/31/25]

CMS’s 60-Day Rule Impacts False Claims Act Liability

[01/10/25]

Indiana Physician Fraud Conviction Highlights Compliance Risks

[11/01/24]

Minnesota District Court Cites Excessive Fines Clause to Limit FCA Penalties

[10/22/24]

Constitutional Implications for FCA Actions: Federal Court Ruling Challenges the Future of Whistleblower Lawsuits in Health Care

[10/01/24]

New DOJ Pilot Program: Enhanced Whistleblower Rewards and Expanded False Claims Act Liability

[08/16/24]

California Central District Court Compels Government Disclosure of Non-Sealed Documents Withheld Pursuant to Law Enforcement Privilege

[08/08/24]

Eighth Circuit Declares $7.5M FCA Award Unconstitutional and Affirms Statistical Sampling in Bench Trials

[08/01/24]

Change Healthcare Cybersecurity Incident – Legal and Operational Considerations for Affected Organizations

[03/18/24]

Alabama’s Supreme Court Rules that Frozen Embryos Are Children Under State Law

[03/05/24]

DOJ Announces $2.68 Billion in False Claims Act Recoveries

[02/23/24]

Government Delay Reduces False Claims Act Verdict – How Can This Protect Your Practice?

[08/24/23]

FCA Penalties Are to Be Awarded per Each Violation Rather than Each Line Item

[08/22/23]

False Information Is Material Regardless of the Validity of Underlying Eligibility Requirements

[08/22/23]

SCOTUS Upholds Government Dismissal of FCA Actions When It Determines Costs Outweigh Benefits

[06/16/23]

SCOTUS Tosses Objective FCA Scienter Standard 

[06/07/23]

The Contract Is Not the Marriage, It’s the Prenup

[05/25/23]

Liability Insurance May Cover False Claims Act Settlements and the Cost of Defense

[05/12/23]

Law & Medicine: The Exercise of Discretion

[05/05/23]

Indiana Abortion Law Injunction Limited in Scope

[09/22/22]

Dobbs v. Jackson Women’s Health: What It Does and What Health Care Providers Should Do Next

[06/27/22]

False Claims Act – Only the First Can Be First to File

[04/11/22]

Seventh Circuit Clarifies “Authoritative Guidance” for the False Claims Act

[04/06/22]

Federal Surprise Billing Round 2 – The IDR Process

[11/02/21]

Seventh Circuit Clarifies the “Knowingly” Standard for False Claims Act Liability

[08/19/21]

Money in the Bank – Monetization of the FCA

[08/13/21]

D.C. Circuit Court of Appeals Vacates FDA Ban on Particular Use for Approved Device

[07/12/21]

Theranos Ruling Serves as an Important Reminder of the Limits of the Attorney-Client Privilege and Individual Accountability in Corporate Wrongdoing

[07/07/21]

Ninth Circuit Clarifies That “Possible” Does Not Equal “Plausible” When It Comes to Rule 8(a) Pleading

[04/12/21]

Whistleblowers Could Face Fees for Poorly Pleaded FCA Actions

[02/11/21]

If You Don’t Ask the Court to Compel Arbitration or Stay the Case Pending Arbitration, You May Lose Any Right to an Interlocutory Appeal Under the FAA

[01/27/21]

“No Claims Means No False Claims”—and No FCA Whistleblower Protection

[01/26/21]

Eleventh Circuit Reaffirms Need for Counsel to Pursue Qui Tam Claims Under the False Claims Act

[09/02/20]

New FCA Decision Instructs the Government and Whistleblowers to Play Nice, Follow the Rules and Gives Government Discretion for Dismissal

[09/01/20]

Improper Real Estate Arrangements Alleged as Part of $72.3 Million FCA Settlement

[07/29/20]

Are Religious Health Care Organizations Protected by the “Ministerial Exception” Under the Supreme Court’s Recent Decision in Our Lady Of Guadalupe?

[07/27/20]

Objectively Reasonable Interpretation Saves Pharmacies from FCA Liability

[07/14/20]

Providers Beware: Avoiding the Pitfalls in Regulatory Flexibilities and Relief Funds

[05/21/20]

Business Interruption Insurance – Racing to the State House and the Courthouse

[05/01/20]

PPP Loans and FCA Liability

[04/24/20]

Make Your Insurance Claim for Business Losses Now!

[03/27/20]

One Is Not Enough: Court Clarifies Whistleblower’s Burden in High Volume FCA Action

[03/25/20]

Second Circuit Affirms Dismissal of Piggybacked FCA Complaint

[03/24/20]

FCA’s Shadow Looms Over COVID-19 Pandemic Response

[03/20/20]

Third Circuit Emphasizes Distinction Between Falsity and Scienter in FCA Cases

[03/05/20]

Previously Settled FCA Case Resurrected by New “Original Source” Relator

[02/25/20]

Creditors or Debt Collectors: Hospitals’ Potential Liability Under FDCPA

[10/01/19]

New Illinois Legislation Legalizing Recreational Marijuana Use and What This Means for Employers

[07/15/19]

Greed and Creative Pleading: A Formula for Dismissal Under the FCA

[07/11/19]

Supreme Court Extends the FCA Statute of Limitations for Whistleblowers

[05/20/19]

DOJ Self-Disclosure and Cooperation Credit

[05/17/19]

Civil Investigative Demands: Broad, Unfair and Legal

[05/10/19]

Critical Considerations of Implied Certification Under the FCA

[04/04/19]

A Closer Look at the FCA’s Particularity and Retaliation Requirements

[02/08/19]

The DOJ Is Not Backing Down: FCA Cases Recover More Than $2.8 Billion in 2018

[01/09/19]

Supreme Court Finds Circuit Split “Wholly Groundless”

[01/09/19]

The Granston Memo’s Effect: The DOJ Is Dismissing Meritless and Frivolous Actions

[12/27/18]

When a Deadline Isn’t a Deadline: Fifth Circuit Rules FCA Appeal Deadlines Turn on Government’s Intervention

[10/31/18]

Whistleblower’s Dismissal with Prejudice Not the End of the Road for Qui Tam Action

[10/30/18]

Not So Fast! District Court Holds Qui Tam Relators Cannot Reach into the Government’s Pockets in Criminal Forfeiture Proceedings

[10/19/18]

Attorneys as Relators – What About the Fees?

[09/25/18]

A Horse for a Different Course: Fourth Circuit Declines to Apply 60-Day Rule to Medicare Secondary Payer Act

[06/18/18]

Ripping the Veil Off the Government’s Qui Tam Investigations

[05/16/18]

A Timely Split – Eleventh Circuit Strays from Common Application of the False Claims Act’s Statute of Limitations

[04/17/18]

The D.C. Circuit Draws the Line at “Potential” Penalties Being Considered Obligations Under the False Claims Act

[01/22/18]

Government Traps, Zaps and Zingers

[01/15/18]

Who is on the Hook? Individual and Institutional Liability under the False Claims Act, The Florida Bar Health Law Section Newsletter (Winter 2017).

Fifth Circuit Addresses Pre-Suit Disclosure and Causation Requirements for FCA Theories of Liability

[10/17/17]

Second Circuit Falls in Line for FCA Pleading Requirements

[10/09/17]

Tenth Circuit Questions Its Previous Decision Defining “Intervene” in Light of Supreme Court Decision and Further Qualifies Public Disclosure Bar

[09/21/17]

Arbitration Agreement Not Binding on Whistleblower, Says Ninth Circuit

[09/15/17]

Seventh Circuit: Whistleblowers Cannot Build FCA Claims upon Public Information and Speculation

[08/14/17]

Department of Justice Announces $42 Million Settlement for Alleged False Claims Act Violations

[08/08/17]

The False Claims Act and Indian Tribes: To What Extent Does Sovereign Immunity Protect Tribes and Their Business Activities?

[05/19/17]

Third Circuit Issues Decision Explaining Pleading Standards and Materiality After Escobar

[05/12/17]

Courts Return to Real Particularity to Meet Rule 9(b)’s “Fraud with Particularity” Requirement

[02/02/17]

Statistical Evidence and the False Claims Act

[02/02/17]

Trial Court Pushes Back on “Fraud with Particularity” Requirement

[01/26/17]

OIG Final Rule Significantly Expands Exclusion Authority

[01/19/17]

Escobar, Back at the First Circuit

[11/23/16]

Skilled Nursing Facility Chain Settles False Claims Act Case for $145 Million

[11/03/16]

Seventh Circuit: Implied Certification Claims Remain a Heavy Lift

[10/26/16]

The Eighth Circuit Applies Escobar Materiality Test

[10/20/16]

Seventh Circuit Says “Medical Necessity” FCA Claims Require Specifics

[09/07/16]

Government Challenges “Materiality” Standard of Escobar

[09/06/16]

9th Circuit Issues Blockbuster Medicare Advantage FCA Decision

[08/12/16]

Massive Penalty Spike Darkens the FCA Landscape

[06/30/16]

False Claims Act Lawsuits: “New” Focus on Materiality

[06/17/16]

Supreme Court Accepts Implied Certification – With a Twist

[06/16/16]

7th Circuit Rules “Usual and Customary Pricing” Can Include Discount Programs

[05/31/16]

Enforceability of FCA Releases Questioned

[05/30/16]

Greater False Claims Act Penalties Looming

[05/12/16]

Government Approval and Percentage in FCA Cases

[04/07/16]

Sixth Circuit Rejects HITECH FCA Complaint

[03/14/16]

Fourth Circuit Addresses Expanded Definition of “Original Source”

[02/17/16]

60-Day Overpayment Rule Released

[02/11/16]

“I refute it thus.” The FCA and “Valueless” Damages Claims

[02/10/16]

The 60-Day Vulture Comes Home to Roost

[08/07/15]

CMS proposes new “incident to” rule

[07/10/15]

CMS Issues Sweeping Proposed Rule with Many Stark Law Modifications

[07/09/15]

The FCA, Advice of Counsel Defense and CMS Commentary Meets the Jury

[07/07/15]

New 7th Circuit FCA Case Is a Primer in Whistleblower Cases

[06/18/15]

FCA Cases Just Got Harder to Settle

[05/28/15]

Another Circuit Rules on the Public Disclosure Bar

[02/25/15]

The Fifth Circuit Draws a Public-Disclosure Roadmap

[02/24/15]

N.D. Ill.: Upcoding Allegations Against Hospitalist Group Survive Motion to Dismiss

[02/24/15]

Boilerplate Litigation and the False Claims Act

[02/19/15]

CMS Announces Further Delay of Repayment Rule

[02/16/15]

Up the Creek Without a Regulation

[02/16/15]

Self-Disclosure, the Public Disclosure Bar and the FCA – Uncertainty, Circuit by Circuit

[02/11/15]

Court Awards Prevailing FCA Defendant Costs

[02/05/15]

DOJ Seeks to Nearly Double Health Care Fraud Litigation Budget for 2016

[02/04/15]

Materiality and Government Knowledge in the Sixth Circuit

[02/03/15]

Seventh Circuit: “Information and Belief” Insufficient under 9(b)

[12/04/14]

DOJ Announces that 2014 Sets Record for FCA Recoveries and Whistleblower Lawsuits

[11/21/14]

Seventh Circuit Rejects Novel Fraud Theory

[11/13/14]

New 11th Circuit Case: Fraud with Particularity

[11/03/14]

False Claims Act Update – Public Disclosure and Original Source

[10/28/14]

Safe Harbors Less Safe in Ohio

[10/17/14]

Last Week in the FCA

[10/14/14]

September 2014 FCA Update

[10/12/14]

Qui Tam Complaints to Be Reviewed by Criminal Division

[10/01/14]

Privileged Compliance Investigations: A Strategy for Avoiding Retained Overpayment FCA Actions

[07/02/14]

False Claims Act Update, May 2013

[05/15/13]

Toumey Loses Stark/FCA Case Again

[05/10/13]

Retained Overpayments Change the FCA Ball Game

[05/05/13]

April False Claims Act Update

[04/15/13]

Sixth Circuit: Violations of Conditions of Participation Insufficient Basis for FCA Claims

[04/02/13]

CMS Publishes Administrative Ruling and Proposed Rule Providing Additional Part B Payment to Hospitals Denied Inpatient Payment

[03/18/13]

OIG Issues New Guidelines for Review of State FCA Statutes

[03/15/13]

Class Action Settlement and Potential Consultants

[03/14/13]

False Claims Act Update

[02/27/13]

The False Claims Act and Quality of Care

[02/13/13]

Here Be Dragons – Regulatory Law and the Advice-of-Counsel Defense

[07/20/12]

FCA – ACA = ?

[06/25/12]

Do whistleblowers have to plead with particularity for every claim?

[06/22/12]

Settlement Reached in Hard-Fought Commercial Real Estate Case

[05/08/12]

DISMISSED!

[04/26/12]

False Claims Exposure in Credentialing and Peer Review

[03/27/12]

A Twenty Year Statute of Limitations?

[03/15/12]

February FCA Update

[03/13/12]

False Claims Act Update, January 2012

[02/06/12]

False Claims Act Update, December 2011

[01/03/12]

False Claims Act Update, November 2011

[12/05/11]

False Claims Act Update, October 2011

[11/01/11]

Hall Render’s Practical Health – July/August 2011

[07/28/11]

UPDATED – Retention of Overpayments under FERA and the ACA

[01/06/11]