• Services
  • Attorneys
  • Media & Insights
  • Online Payment
  • Join Our Team
Results may vary depending on your particular facts and legal circumstances. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection methodology can be found here.
  • Services
  • Attorneys
  • Media & Insights
  • About Us
  • Delivering Value
  • Diversity & Inclusion
  • Meritas
  • Contact Us
  • Online Payment
    A
    Alternative Dispute ResolutionAntitrust & Trade RegulationAppellate Practice
    B
    Banking & Financial ServicesBankruptcy, Creditors’ Rights, and Financial RestructuringBeer LawBusiness Law
    C
    Cannabis LawConstruction LawCooperative and Condominium Law (Co-op & Condo)Criminal Defense
    E
    Economic Development LawElder Care & Special Needs LawElectronic Discovery ("E-Discovery")Environmental LawERISA & Employee BenefitsEstate Planning and Administration & Wealth PreservationExecutive Compensation and Employment Strategies
    F
    Food, Beverage & HospitalityFranchise Law
    H
    Health Care & Life SciencesHealth Care ProvidersHigher EducationHospitals and Health Networks
    I
    ImmigrationInsurance CoverageIntellectual PropertyIntellectual Property Litigation, Arbitration, and Dispute ResolutionIntellectual Property Portfolio Strategy, Management & LicensingInternational BusinessInternet Law
    L
    Labor & EmploymentLiquor Law, Licensing, Manufacturing, and DistributionLitigation
    M
    Media Law & Creative Economy PracticeMergers & AcquisitionsMunicipal Law
    N
    Non-Profit Law
    P
    Patent Preparation and ProsecutionPharmaceutical / Medical Devices / Pharma ServicesProducts and Consumer Liability DefenseProfessional LiabilityPublic Utilities
    R
    Real Estate, Finance, and Land Use
    S
    SecuritiesSolar Energy
    T
    TaxationTelecommunicationsTrademark & Copyright Protection & Enforcement
    V
    Venture Tech & Emerging Growth Companies
    W
    White Collar Investigations & DefenseWorkers’ Compensation
    • New Jersey
    • New York
    • Pennsylvania
    • Blogs
    • Articles
    • Podcasts
    • COVID-19 Resources

    Categories

    Document Management Hospitals and Health Systems - Audits and Reimbursement Hospitals and Health Systems - Consent and Treatment Hospitals and Health Systems - Consent and Treatment|Hospitals and Health Systems - Corporate and Governance|Pharmaceutical Industry - Agreements with Physicians Hospitals and Health Systems - Corporate and Governance Hospitals and Health Systems - Corporate Compliance Hospitals and Health Systems - Fraud and Abuse Hospitals and Health Systems - Government Investigations Hospitals and Health Systems - Health Records Hospitals and Health Systems - HIPAA and HITECH Hospitals and Health Systems - Managed Care Hospitals and Health Systems - Medical Staff Issues Hospitals and Health Systems - Medical Training Programs Hospitals and Health Systems - Medicare Hospitals and Health Systems - Mergers, Affiliations and Joint Ventures Hospitals and Health Systems - Peer Review Hospitals and Health Systems - Professional Services Agreements Pharmaceutical Industry - Agreements with Physicians Pharmaceutical Industry - Regulatory Compliance Physicians and Providers - Audits and Reimbursement Physicians and Providers - Certifications Physicians and Providers - Credentialing Physicians and Providers - Disciplinary Actions Physicians and Providers - Employment Agreements Physicians and Providers - Fraud and Abuse Physicians and Providers - Government Investigations Physicians and Providers - HIPAA and Privacy Physicians and Providers - Impairment Physicians and Providers - Licensing Physicians and Providers - Litigation Physicians and Providers - Medicare Physicians and Providers - Peer Review Physicians and Providers - Practice Acquisitions Physicians and Providers - Practice Issues Physicians and Providers - Regulatory Compliance Physicians and Providers - Supervision Physicians and Providers - Training Telemedicine Uncategorized
    Blogs > The Legal Diagnosis > DOJ Recovers $2.8 Billion in...
    Member
    Sandra Jarva Weiss
    Visit Profile

    DOJ Recovers $2.8 Billion in 2018 False Claims Act Cases

    DOJ Recovers $2.8 Billion in 2018 False Claims Act Cases

    The Department of Justice (DOJ) obtained $2.8 billion in settlements and judgements from False Claims Act civil cases in fiscal year 2018.  Of this amount, $2.5 billion, (89%), involved recoveries from the health care industry, including drug and medical device manufacturers, managed care providers, hospitals, pharmacies, hospice organizations, laboratories, and physicians.  The DOJ noted in its press release “This is the ninth consecutive year that the Department’s civil health fraud settlements and judgments have exceeded $2 billion.”  In addition to these federal recoveries, the DOJ was instrumental in recovering additional millions of dollars for state Medicaid programs.

    More than $2.1 billion of the $2.8 billion recovered arose from lawsuits brought by whistleblowers under the qui tam provisions of the False Claims Act.  Whistleblowers filed 645 qui tam suits in 2018 – an average of 12 new cases every week and the government paid $301 million to individual whistleblowers in 2018.  “Whistleblowers have played a vital role in unmasking fraudulent schemes that might otherwise evade detection,” noted DOJ Assistant Attorney General Jody Hunt.

    The largest recoveries came from the drug and medical device industry, though substantial recoveries also came from institutional and individual health care providers.  Health Care Partners Holdings LLC (d/b/a DaVita Medical Holdings LLC) paid $270 million for providing inaccurate information that caused Medicare Advantage Organizations to receive inflated Medicare payments including “one-way” chart reviews.  Hospital chain Health Management Associates paid $216 million for billing for more costly inpatient services that should have been billed as observation or outpatient services, paying illegal remuneration to physicians in return for patient referrals to HMA hospitals and inflating claims for emergency department facility fees.  William Beaumont Hospital, a Detroit regional hospital system, paid $84.5 million for improper relationships with eight referring physicians intended to induce patient referrals.

    The DOJ also used the FCA to deter and redress fraud by individual providers.  Neurosurgeon Dr. Sonjay Fonn, his fiancé and their professional corporations paid $5.5 million to resolve allegations that Dr. Fonn performed spinal fusion surgery using implants for which his fiancé received commissions that benefitted him personally in the form of lavish purchases including a yacht and home improvements.  Prime Healthcare Services and its CEO paid $65 million to settle allegations that 14 Prime hospitals knowingly submitted false claims by admitting patients who required less costly outpatient care, but billing for more expensive patient diagnoses than the patients had.

    As the DOJ press release noted: “As some of the matters described illustrate, the Department continued to place great importance on enforcing the safeguards contained within the Anti-Kickback Statute (AKS).  This law was enacted to ensure that clinical decisions and medical services are provided to patients based on their medical needs and not in the improper financial considerations of providers.  Congress has made clear that claims submitted to federal health care programs in violation of the AKS are ‘false’ claims for purposes of the False Claims Act.”

    For any questions about this post or related matters, please contact me at sjarvaweiss@norris-law.com.

    Member
    Sandra Jarva Weiss
    Visit Profile

    Related Posts

    Coronavirus Alert: Historic Expansion of Telehealth in Response to COVID-19 Crisis Medicare Revocation of Enrollment – CMS Continues to Needlessly Punish Physicians President Trump’s Plan to Reduce Medicare Drug Costs

    Share

    Tags

    #Department of Justice #DOJ #False Claims Act #FCA #medicare

    Helpful links

    • About Us
    • News
    • Services
    • Blogs
    • Attorneys
    • Articles
    • (COVID-19)
    • Award Methodology
    • Events
    • Join Our Team
    Connect
    Online Payment

    Connect with Us

    • LinkedIn
    • Facebook
    • X
    • Instagram
    • Youtube

    Join our growing team

    We are looking for quality attorneys to help us do more for our clients. At Norris McLaughlin, each attorney has the same opportunity to succeed whether you’re at the beginning of a career or pinnacle of the profession.

    Learn More

    Subscribe to our content

    Receive timely legal information delivered to your inbox

    This field is for validation purposes and should be left unchanged.
    © , Norris McLaughlin, P.A., All Rights Reserved. Attorney Advertising.
    VIEW OUR DISCLAIMER,  TERMS OF USE,  AND PRIVACY POLICY

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume you consent to our cookie policy. Learn more