As a result of the increased marketing by payors of over-the-counter (“OTC”) cards to plan members, pharmacists are being placed in jeopardy by patients who do not know, or appreciate, the legal complexities around proper use of these cards. The... Read More
Articles | Chain Pharmacies | Community, Retail Pharmacies | Digital Pharmacies | Federal and State Fraud and Abuse Counseling | Fertility Pharmacies | Integrated Delivery Network and Hospital System Pharmacy | Long-Term Care Pharmacies | Specialty Pharmacies | Supermarket Pharmacies | Traditional Compounding Pharmacies (503A) | White Collar Criminal Defense & Government Investigations

Last month, Philips RS North America, LLC (formerly Respironics, Inc.), a durable medical equipment manufacturer, agreed to pay $1.28 million to settle civil allegations that it unlawfully induced referrals for its equipment in violation of the... Read More
Healthcare | Healthcare Law | White Collar Criminal Defense & Government Investigations | White Collar Defense and Government Investigation

Last week, a federal jury convicted a podiatrist for his role in orchestrating and implementing a scheme to defraud Medicare. Dr. Kenneth Mitchell, who was terminated from participating in the Medicare program in 2015, sought an end-run around the... Read More
Articles | Healthcare | Healthcare Law | White Collar Defense and Government Investigation

The Department of Justice ("DOJ") indicted a North Carolina physician assistant last month on criminal charges in a genetic testing scheme that resulted in the submission of more than $10 million in fraudulent claims to Medicare. The indictment... Read More
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On July 14, 2022, the United States Department of Justice (DOJ) announced that OPKO Health, Inc. (“OPKO”) and its subsidiary, BioReference Health LLC (“BioReference”), agreed to pay $9.85 million to resolve claims under the Federal False... Read More
Articles | Healthcare | Healthcare Law | White Collar Criminal Defense & Government Investigations | White Collar Defense and Government Investigation

The Department of Justice (DOJ)’s enforcement efforts aimed at speaker programs have not slowed since the DOJ filed criminal and civil actions against Insys, its executives, and scores of physicians relating to the off-label promotion of Subsys,... Read More
Articles | Healthcare Law | Pharmacy Law | White Collar Criminal Defense & Government Investigations | White Collar Defense and Government Investigation

Anthony Mahajan, Frier Levitt Partner and Chair of the White-Collar Defense and Government Investigations practice, recently published an article in Applied Clinical Trials, titled “Are You a Victim of Clinical Trial Fraud? If So, What Are Your... Read More
Articles | Healthcare Law | News | Pharmacy Law | White Collar Criminal Defense & Government Investigations | White Collar Defense and Government Investigation

The Federal Anti-Kickback Statute (the “AKS”) prohibits the payment or receipt of remuneration to induce or reward referrals of items or services reimbursable by a federal health care program (including, but not limited to, Medicare and... Read More
Administrative and Insurance Defense Law | All types of single and multi-specialty medical practice groups | Healthcare | Healthcare Law | Hospitals and Healthcare Systems | Physicians and Medical Practices of all Specialties | White Collar Defense and Government Investigation

Earlier this week, the U.S. Supreme Court ruled that to secure convictions under the federal Controlled Substances Act (“CSA”) for excessive prescribing of controlled substances, including opioids, prosecutors must prove beyond a reasonable... Read More
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