From the monthly archives:

January 2012

The Whistleblower Effect: How Qui Tam Actions Are Changing the Deterrence Calculus for Hospice Providers

by Nolan and Auerbach on January 27, 2012

Diakon Hospice, one of the oldest hospices in Pennsylvania, recently paid nearly $11 million to the Federal Government, related to submitting Medicare claims for beneficiaries who were not eligible for hospice benefits under the Medicare regulations. Diakon had voluntarily disclosed the problem to the Government. By voluntarily stepping forward, Diakon may have avoided a government [...]

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Supreme Court Refuses to Undo Seminal Anti-kickback Decision

by Nolan and Auerbach on January 4, 2012

Recently, the U.S. Supreme Court declined to review a federal appeals court ruling in a closely watched case over whether a defendant can be held liable under the False Claims Act for “causing” health care providers to submit Anti-kickback Statute-violative Medicare claims (Blackstone Medical Inc. v. United States ex rel. Hutcheson, U.S., No. 11-269, review [...]

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