Articles and Blogs

Late this afternoon, the Centers for Medicare & Medicaid Services (“CMS”) and Office of Inspector General (“OIG”) released long-awaited and highly anticipated Stark and Anti-Kickback Statute final rules (“Final Rules”) aimed at modernizing and streamlining key fraud and abuse regulations under the federal Stark, Anti-Kickback and Civil Monetary Penalties Laws. As anticipated, the Final Rules…Read More

In health care, actions under the False Claims Act (“FCA”) typically allege conduct that is knowingly in violation of one or more of Medicare’s conditions of payment—part of an amorphous contract between a government agency and a provider—that results in a fraudulently obtained overpayment to the provider for services rendered. Last week, the Ninth Circuit…Read More

It turns out that the mail-in voting debate extends beyond the 2020 presidential election. In particular, and as you may recall based on our previous post, union elections around the nation have been ripe for controversy in the mail-in voting discussion during the COVID-19 pandemic. The National Labor Relations Board (“NLRB” or the “Board”) recently…Read More

On November 16, 2020, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) released a Special Fraud Alert (the “Alert”) addressing speaker program payments made by pharmaceutical and medical device companies to health care professionals (“HCPs”). Specifically, the Alert focuses on company-sponsored events at which the HCP makes a speech or…Read More

Recently, the Wisconsin Supreme Court voted to accept review of State of Wisconsin v. Dawn M. Prado, in which the Court of Appeals struck down a portion of Wisconsin’s “implied consent” law that permits police to order warrantless blood draws on incapacitated drivers.[1] As detailed in a previous Hall Render alert, although the Court of…Read More

The Drug Enforcement Administration (“DEA”) recently released the 2020 edition of the Pharmacist’s Manual, replacing all previous versions. Since 2010, the Pharmacist’s Manual (“Manual”) has aided pharmacies and pharmacists in understanding how to apply requirements under the Federal Controlled Substances Act (“CSA”) and related DEA regulations. As an agency guidance document, the Manual offers insight…Read More

At the time of this writing, Joe Biden has been declared the winner and is poised to become the 46th President of the United States. Although President Trump has pledged to pursue legal challenges over alleged voter fraud, there are not believed to be enough votes in dispute that winning them would reverse the declared…Read More

Recently, a former Texas hospital (the “Hospital”) settled a multi-million dollar False Claims Act civil lawsuit involving the acquisition and use of funds from the largest Federal Housing Administration-backed mortgage for a for-profit hospital. The Hospital settled for $13.6 million and three top executives of the hospital, along with the development company, will collectively pay…Read More