False Claims Act (“FCA”) settlements reached record-breaking numbers in fiscal year 2023. The majority of the settled FCA actions involved the healthcare industry, with $1.8 billion attributed to settlements related to managed care providers, hospitals, pharmacies,...
Whistleblowers
Anti-Kickback Causation Standard Leads to Circuit Split
A split continues among the federal appellate courts on the proper causation standard to apply in False Claims Act ("FCA") cases that are based on the Anti-Kickback Statute “AKS”). The split between courts is set to expand into the First Circuit, which will hear an...
New Areas of Fraud Emerge Due to the Expansion of Telehealth
New Areas of Fraud Emerge Due to the Expansion of Telehealth What is Telehealth? Telehealth/telemedicine allows your doctor to provide care without an in-person office visit. Telehealth is primarily done online on patients’ computers, tablets, or smartphones....
Fighting Defense Contractor Fraud
Defense contractor fraud continues to be one of the most active areas of False Claims Act (qui tam) litigation in the U.S. This type of fraud generally occurs when defense contractors submit false claims to the government regarding the products they manufacture or the...
Exagen Inc. Agrees to Resolve Allegations of Kickback Violations
Hoyer Law Group, PLLC is proud to announce that the U.S. Government successfully settled a portion of one of its client's claims against a California-based life sciences company, Exagen, Inc. Exagen makes diagnostic tests for the treatment of autoimmune conditions....
The False Claims Act’s Role in Cybersecurity Enforcement
On Octoberr 6, 2021, Deputy Attorney General Lisa O. Monaco announced a new Civil Cyber-Fraud Initiative through which the Department of Justice (“DOJ”) is able to utilize the False Claims Act (“FCA”) as a tool to enforce cybersecurity standards required of federal...
Connecticut State House Approves Expansion to State’s False Claim Act
On May 10, 2023, Connecticut’s General Assembly approved legislation expanding the scope of the State’s False Claim Act (“FCA”), allowing the bill to proceed to the State Senate for further action. The proposed legislation would expand the reach of the Act by removing...
U.S. Supreme Court Delivers Historic Ruling on False Claims Act
On June 1, 2023, the U.S. Supreme Court delivered a ruling in one of two cases litigating the issue of whether a defendant can skirt False Claims Act (“FCA”) liability by developing “objectively reasonable” interpretations of the law. The cases against retail chains...
Federal Judge Dismisses FCA Claims Against Medical Equipment Supplier
On Monday, May 22, 2022, a Georgia federal judge dismissed most of the False Claims Act (“FCA”) claims against medical equipment manufacturer Ermi LLC in a lawsuit filed by the company’s ex-chief compliance officer. The same judge also dismissed the entirety of the...
Connecticut State House Approves Expansion to False Claim Act
In what appears to be good news for Connecticut whistleblowers, on May 10, 2023, Connecticut’s State House approved legislation to expand the scope of the State’s False Claim Act (“FCA”). The State House sent the bill to the State Senate for further action. The...