Publications by Drew B. Howk

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HHS Cannot Exclude § 1115 Waiver Days from Medicare DSH Formula

[08/22/24]

Indiana: Expedited Commitment Appeals Pilot to Begin September 1

[07/19/24]

Supreme Court Overturns Chevron

[06/28/24]

Revised Emergency Detention Procedures Begin in Indiana on July 1, 2024

[06/27/24]

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

[06/16/23]

CMS Issues Final Rule for DSH Medicare Advantage Days Policy

[06/08/23]

Supreme Court Decision Bodes Well for Hospitals Appealing DSH SSI Issue

[07/01/22]

Supreme Court Overturns 340B Payment Reductions

[06/15/22]

What You Should Know About Health Systems and the Attorney-Client Privilege

[03/21/22]

DOJ Recouped $5.6 Billion Under FCA in 2021

[02/04/22]

Supreme Court Upholds CMS’s Vaccine Rule, Blocks OSHA Vaccine-or-Test Rule

[01/14/22]

A Patchwork of Injunctions and Other Rulings on the CMS Vaccine Mandate: Where Do We Stand?

[12/16/21]

As Legal Challenges Continue, OSHA Suspends Its Vaccine ETS

[11/22/21]

Challenges to Federal Government Vaccine Mandate Initiatives Continue

[11/16/21]

Vaccine Mandate Litigation Kicks into High Gear: Challenges to OSHA’s Vaccine ETS Lead to Judicial Lottery and Initial Stay

[11/10/21]

DOJ Recouped $2.2B Under FCA in 2020, Plus $3.6B in Still-Pending Settlements

[01/15/21]

Recent Government Actions Against Pharma Manufacturers Highlight Risks with Donations to Patient Assistance Funds

[12/22/20]

First Circuit: ‘But For’ Standard Controls Whistleblower Retaliation Claims

[12/17/20]

False Claims Cost More: DOJ Increases Civil Penalties for False Claims Act Violations

[07/01/20]

FEMA Restricts Export of PPE in Temporary Final Rule

[04/10/20]

Health Care Providers and FEMA’s COVID-19 Public Assistance

[04/03/20]

Ninth Circuit Shuts Down “Objective Falsehood” Pleading Requirement Under the FCA

[04/02/20]

FCA’s Shadow Looms Over COVID-19 Pandemic Response

[03/20/20]

Indiana Supreme Court Erases Courts’ Ability to Add Reasonable Terms to Agreements

[12/05/19]

Federal Court Reinforces Government’s Right to Dismiss FCA Actions over Whistleblower Objection

[10/03/19]

Allina Notice & Comment Requirement Trumps Bar to Review of Uncompensated Care Payments

[08/28/19]

Defendants Successful in FCA Action Alleging Donuts for Referrals

[08/06/19]

E.D. Wisconsin: Boilerplate Defenses Insufficient; Challenges Wasteful

[07/31/19]

Supreme Court Extends the FCA Statute of Limitations for Whistleblowers

[05/20/19]

DOJ Self-Disclosure and Cooperation Credit

[05/17/19]

Critical Considerations of Implied Certification Under the FCA

[04/04/19]

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]

"OIG to OHRP: Proactively Educate Whistleblowers on Legal Protections," American Bar Association Young Lawyers Division Health Law Committee Newsletter

[10/19/2017]

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]

Seventh Circuit: Implied Certification Claims Remain a Heavy Lift

[10/26/16]

Massive Penalty Spike Darkens the FCA Landscape

[06/30/16]

U.S. Supreme Court Rejects Private Causes of Action Challenging Medicaid Reimbursement Levels

[03/31/15]

Third Circuit: Pharmacist’s Claims Do Not Survive Public Disclosure Bar

[03/02/15]

Appellate Court of Illinois: Reputational Harm Insufficient to Defeat Hospitals’ Immunity

[02/27/15]

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

[02/24/15]

S.D. Texas: Hospital Cannot Be Sued for Increased Risk of Future Harm from Data Breach

[02/20/15]

Boilerplate Litigation and the False Claims Act

[02/19/15]

CMS Announces Further Delay of Repayment Rule

[02/16/15]

Indiana Pharmacists Not Subject to Private Lawsuits for Refusal to Fulfill Prescriptions

[02/12/15]

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

[02/11/15]

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

[02/04/15]

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

[12/04/14]

First Circuit: A More Detailed Complaint Fails to Pass First-to-File Bar

[12/01/14]

Eastern District of Tennessee Denies Interlocutory Appeal of Order Permitting Sampling to Prove Liability

[11/25/14]

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

[11/21/14]

False Claims Act Update – Public Disclosure and Original Source

[10/28/14]

Seventh Circuit: E-Rate Suit Survives Public Disclosure Bar

[07/29/14]

Fifth Circuit: Telecom Corporations Not Subject to FCA Claims on E-Rate Allegations

[07/08/14]

Relator’s Damages and Documentation Theories Rejected in Halifax

[07/04/14]

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

[07/02/14]

DOJ Intervenes in Retained Overpayment Suit

[06/30/14]

D.C. Circuit: Compliance Investigations Are Privileged

[06/28/14]

Eighth Circuit: Public Disclosure Bar Includes Public Commission Testimony

[06/28/14]

FCA Defendant’s Counterclaim for Breach of Confidentiality Agreement Proceeds

[06/26/14]

Eleventh Circuit: “Worthless Services” Claim Constitutional in Criminal Fraud Case

[06/24/14]

Eighth Circuit: Regulatory Noncompliance Does Not Violate FCA

[09/16/13]

Seventh Circuit: FCA Trebling Based Upon Net Loss, Not Gross Loss to Government

[04/02/13]

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

[04/02/13]

Class Action Settlement and Potential Consultants

[03/14/13]

Indiana Court of Appeals: MMA Filing Fees not Required to Satisfy Statute of Limitations

[01/24/13]