In light of the New Jersey Appellate Division’s recent decision in County of Passaic v. Horizon Healthcare Services affirming the validity of a commercial arbitration agreement that did not contain a jury waiver, contracting entities including those in the healthcare sector need to approach language differently depending on whether they are dealing with a consumer
A recent holding by the Eighth Circuit Court of Appeals in United States ex rel. Cairns v. D.S. Med., LLC took a stance on the causation standard for False Claims Act (FCA) cases premised on violations of the Anti-Kickback Statute (AKS) and may provide defendants in those cases with the ability to raise a valid
More than a year has passed since U.S. Attorney General Merrick B. Garland established the COVID-19 Fraud Enforcement Task Force to utilize the resources of the U.S. Department of Justice (DOJ) and partner with various governmental agencies to combat COVID-19-related fraud. Since that time, the DOJ has touted its enforcement efforts in both the civil
On July 20, 2022, the Department of Health and Human Services (HHS) Office of the Inspector General (OIG) issued a Special Fraud Alert for telemedicine, telehealth, and telemarketing services. During the pandemic, the OIG has responded to the expansion of telehealth services by aggressively pursuing fraud investigations against providers. Using these as examples, the OIG
The COVID-19 Fraud Enforcement Task Force was established in May 2021 to utilize the resources of the U.S. Department of Justice (DOJ) and various governmental agencies to combat COVID-19-related fraud. These efforts have led to investigations and prosecutions involving Paycheck Protection Program (PPP) fraud as well as healthcare-related COVID-19 fraud, the extent, and implications of