Articles and Blogs

In Re: Civil Commitment of K.K., the Indiana Court of Appeals (the “Court”) dismissed K.K.’s appeal on the basis of mootness, as K.K.’s temporary commitment expired in August 2024. The Court analyzed its mootness standard and the applicability of the public interest exception to the case. Background Under Indiana law, a hearing for involuntary commitment must... READ MORE

In R.R. v. Richard L. Roudebush Veterans Affairs Medical Ctr. (“R.R.“), the Indiana Court of Appeals (the “Court”) upheld a trial court’s decision to place a patient diagnosed with schizoaffective disorder under regular commitment. The Court applied the disjunctive test for “gravely disabled” and clarified that a patient’s profound disorganization which hinders the patient’s... READ MORE

Health care fraud remains a significant focus for federal and state enforcement agencies, with particular attention placed on the integrity of Medicaid and Medicare billing. The health care sector, and addiction treatment providers in particular, face heightened scrutiny due to the high volume of claims and the vulnerability of patient populations, particularly those in... READ MORE

The government lawsuit against defendants Precision Lens and its founder Paul Ehlen, United States ex rel. Fesenmaier v. Cameron-Ehlen Group, Inc. (“Fesenmaier”), has garnered substantial media attention. This is due in part to juicy facts (kickbacks to physicians in such forms as fancy meals and exclusive vacations for which physicians were invoiced at below... READ MORE

The Federal District Court for the Middle District of Florida (“the Court”) in United States ex rel. Zafirov v. Florida Medical Associates, LLC et al., recently held that a relator’s role as set forth in the False Claims Act’s (“FCA”) qui tam provision is unconstitutional under Article II’s Appointments Clause and dismissed the case.... READ MORE

On August 15, 2024, the U.S. District Court for the Northern District of Texas in Baylor All Saints Med. Center v. Becerra (“Baylor“), vacated a 2023 regulation by the Department of Health and Human Services (“HHS”) that excluded certain Medicaid-covered patient stays when counting a hospital’s Medicaid patient population for Medicare payment purposes. Medicare... READ MORE

Beginning on August 1, 2024, the Department of Justice (“DOJ”) launched a three-year Corporate Whistleblower Awards Pilot Program (the “Program”). This initiative expands the opportunity for health care whistleblowers, adding private health insurance claims to their quiver. It does so by allowing whistleblowers to report corporate misconduct to the DOJ’s Criminal Division through their... READ MORE

A Special Master for the Central District Court of California granted a motion to compel the disclosure of investigative documents that are no longer under seal in the course of an ongoing False Claims Act claim. UnitedHealth Group, Inc., et al. (“United”) filed a motion to compel the United States (“government”) to produce documents... READ MORE

On July 5, 2024, the Eighth Circuit Court of Appeals (“the Court”) ruled that a $7.5 million award of treble damages and civil penalties in an Iowa FCA case was unconstitutional due to the Eighth Amendment’s prohibition against “excessive fines.” The Court also examined other matters, including the acceptability of statistical sampling and the... READ MORE

On June 28, 2024, the Supreme Court of the United States overturned a long-standing doctrine, known as Chevron deference, that impacts a court’s deference to a government agency’s action during administrative proceedings. The Supreme Court held that federal courts cannot defer to agencies’ interpretations of statutes. Instead, courts must independently make this determination. Background The Supreme... READ MORE