When the Payor is Also the Decisionmaker in ERISA Benefits Lawsuits Under 29...
When the same health plan administrator both administers a benefit plan and pays the benefits due under the plan, it is considered by courts to have a structural conflict of interest. That conflict of...
View ArticleFederal Judge Acquits Physician Following Criminal E/M Fraud Conviction at Trial
As previously reported in this post, criminal trials premised on upcoding evaluation and management (E/M) service codes are extremely rare. The Justice Department took that rare step in Maryland in...
View ArticleWash. Federal Judge Pokes Hole in New Wave of Vaccine Mandate Challenges
In response to the COVID-19 pandemic, pharmaceutical companies like Pfizer worked diligently to develop safe and effective vaccines. Following the FDA’s approval of these vaccines, many state...
View ArticleFederal Court Reduces FCA Penalties by 82 Percent Because of Excessive Fines...
Husch Blackwell’s False Claims Act team previously covered the results of a rare False Claims Act (FCA) trial in which a federal jury found that a surgical product distributor was liable for paying...
View ArticleA Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony...
Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the...
View ArticleFederal Judge Orders Whistleblower Who Filed a “Frivolous” Qui Tam to Pay...
Most experienced False Claims Act (FCA) practitioners are all too familiar with the statutory provision requiring defendants to pay whistleblowers’ attorneys’ fees at the end of FCA cases. What is less...
View ArticleCalifornia Enacts First-in-Nation Pharmacy Medication Error Reporting Law
On October 8, 2023, Governor Gavin Newsom signed Assembly Bill 1286 (AB 1286), a sweeping pharmacy measure with several components aimed at promoting patient safety. Chief among AB 1286’s mandates is a...
View ArticleFive Important Things to Consider When You Receive a Third-Party Subpoena
So, you’ve received a third-party subpoena. Now what? A third-party subpoena is the procedural mechanism that allows parties in litigation to obtain evidence from non-party individuals and/or entities....
View ArticleHusch Blackwell Launches New FCA-Themed Podcast
We are proud to announce a much-needed addition to Husch Blackwell’s lineup of podcasts. Last week, we launched False Claims Act Insights, a new podcast devoted to exploring issues relating to False...
View ArticleArizona Physician Pleads Guilty to Healthcare Fraud over Improper “Incident...
“Incident to” billing is widely practiced, and its regulations are generally well-known. But one Arizona physician recently found himself pleading guilty in federal court on April 3, 2024, to a...
View Article
