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Anti-Kickback and Stark

This archive displays posts tagged as relevant to the Anti-Kickback Statute and Stark Law.

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DOJ Reports Continued Surge in False Claims Act Recoveries Prompted by Whistleblowers

Posted  11/21/14
By the C|C Whistleblower Lawyer Team Yesterday, the Department of Justice reported its recovery of a record $5.69 billion in False Claims Act settlements and judgments during the 2014 fiscal year (ending September 30). It is the first time DOJ has crossed the $5 billion mark and brings to $22.75 billion the total False Claims Act recoveries DOJ has obtained since January 2009. That 6-year tally represents more than...

DaVita — Medicare Fraud/Kickbacks ($400 million)

Two of our whistleblower attorneys led the representation of David Barbetta, a former financial analyst for DaVita HealthCare Partners, one of the largest providers of dialysis services in the United States. Mr. Barbetta brought a qui tam action under the False Claims Act against DaVita alleging the company violated the Anti-Kickback Statute by paying physicians to refer their patients to DaVita clinics for dialysis. According to the complaint, DaVita sold doctors shares of DaVita clinics at below fair market value, and purchased doctors’ interests in other clinics at above fair market value. The government joined the case, and alleged that DaVita had entered into these sweetheart deals with doctors, which gave the doctors returns of over 100%, and the doctors then steered their patients to DaVita clinics. In 2014, DaVita paid $400 million to settle the case, the largest stand-alone kickback settlement to date. See Denver Post and Modern Healthcare for more.

October 22, 2014

DaVita Healthcare Partners, Inc., one of the leading providers of dialysis services in the United States, agreed to pay $400 million to resolve claims it violated the False Claims Act by paying kickbacks for patient referrals to its dialysis clinics through its use of a sophisticated three-part joint venture business model to induce patient referrals to its clinics..  David Barbetta, former Senior Financial Analyst for DaVita, will receive an undisclosed whistleblower award. DOJ

TAF Whistleblower of the Year -- Halifax Whistleblower Elin Baklid-Kunz

Posted  09/18/14
By the C|C Whistleblower Lawyer Team The whistleblower advocacy and education group Taxpayers Against Fraud (TAF) just had their fourteenth annual conference in Washington. And in what has become a highlight of the three-day event, the organization made its annual Whistleblower of the Year award. This year's winner is Elin Baklid-Kunz. She is the long-time employee of Halifax Health Medical Center who exposed the...

DOJ Catch of the Week -- Community Health Systems

Posted  08/8/14
By the C|C Whistleblower Lawyer Team This week's Department of Justice "catch of the week" goes to Community Health Systems, Inc.  On Monday, the Tennessee-based operator of acute care hospitals -- the largest in the country with 206 affiliated hospitals in 29 states -- agreed to pay $98 million to resolve charges of billing the government for inpatient services that should have been billed as significantly less...

DOJ Catch Of The Week -- Infirmary Health System Inc.

Posted  07/25/14
By the C|C Whistleblower Lawyer Team This week's Department of Justice "catch of the week" goes to Infirmary Health System Inc. On Monday, the Alabama-based hospital system, along with two affiliated clinics and Diagnostic Physicians Group (DPG), agreed to pay $24.5 million to resolve government allegations they violated the False Claims Act. Specifically, the government charged the group with violating the...

June 25, 2014

Ohio-based Omnicare Inc., the country’s largest provider of pharmaceuticals and pharmacy services to nursing homes, agreed to pay $124 million to settle government charges of offering improper financial incentives to skilled nursing facilities in return for their continued selection of Omnicare to supply drugs to their elderly Medicare and Medicaid patients. Donald Gale, former employee of Omnicare Inc., will receive a whistleblower award of roughly $17M from the settlementDOJ

DOJ Catch Of The Week -- King's Daughters Medical Center

Posted  05/30/14
[caption id="attachment_3703" align="alignright" width="300"] Source: King's Daughter Medical Center[/caption] By the C|C Whistleblower Lawyer Team This week's Department of Justice "catch of the week" goes to King's Daughters Medical Center.  On Wednesday, this large hospital in northeast Kentucky agreed to pay $41 million to resolve government charges that it violated the False Claims Act by submitting claims...

May 28, 2014

Medical device manufacturer Medtronic Inc. agreed to pay $9.9M to resolve allegations under the False Claims Act that the company used various types of illegal kickbacks to induce physicians to use pacemakers and defibrillators made and sold by Medtronic. Among the the illegal inducements the government charged Medtronic with using were: 1) paying implanting physicians to speak at events intended to increase the flow of referral business; 2) developing marketing/business development plans for physicians at no cost; and 3) providing tickets to sporting events. The settlement stems from a whistleblower complaint filed by former Medtronic employee Adolfo Schroeder under the qui tam provisions of the False Claims Act. He will receive a whistleblower reward of approximately $1.73M. DOJ  

The lurking risks of hospital-employed physicians: Stark, Anti-Kickback and False Claims Act compliance

Posted  03/25/14
Health Care Finance News, (March 25, 2014)
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