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Stark Act and Anti-Kickback Statute

Stark Act and Anti-Kickback Statute-News, Guidance and Analysis

Tags: nurse | Texas | Texas Medical Board | trial | whistleblower lawsuit

In what may be an unprecedented prosecution, Anne Mitchell was scheduled to stand trial Feb. 8 in a Texas court for "misuse of official information," a third-degree felony charge, after reporting a physician last April to the Texas Medical Board for what she deemed improper prescribing and surgical procedures, according to a story in The New York Times.

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Tags: drug pricing | lawsuit | Teva Pharmaceutical Industries | Ven-A-Care

Teva Pharmaceutical Industries will take a $315 million charge in its fourth quarter in connection with a settlement to resolve a drug-pricing lawsuit brought by Ven-A-Care of the Florida Keys against several of the company's U.S. subsidiaries, according to a Teva press release.

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Tags: False Claims Act | healthcare fraud | New Hampshire | settlement

Southern New Hampshire Medical Center agreed to pay a $33,400 civil settlement to resolve allegations that it violated the federal False Claims Act by submitting bills to federal healthcare programs for a nursing assistant who had been excluded from these programs, according to a press release from the US Attorney's office (District of New Hampshire).

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Tags: Dulce Briceno | Florida | Medicare fraud | sentencing

Dulce Briceño, a resident of Miami-Dade County, Fla., was sentenced today to 63 months in prison for her role in a $2.3 million Medicare fraud scheme, according to a U.S. Department of Justice news release.

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Tags: Anatoly Sunik | Avenue K Medical Clinic | healthcare fraud | New York | Romilla Anwar | sentencing

Romilla Anwar, MD, of New Providence, N.J., and Anatoly Sunik of Rego Park, N.Y., were sentenced on Jan. 29, 2010, to 30 months and 12 months in prison, respectively, in a Manhattan Federal Court after pleading guilty to healthcare fraud charges, stemming from their operation of a medical fraud mill operating as the Avenue K Medical Clinic, according to a news release from the U.S. Department of Justice.

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Tags: Christ Hospital | Health Alliance | kickbacks | Ohio | settlement

The Christ Hospital and the Health Alliance of Greater Cincinnati have settled a federal whistleblower lawsuit on alleged kickbacks to physicians for a sum that could approach $100 million, according to a report by the Cincinnati Enquirer.

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Tags: AtriCure | DOJ | Medicare fraud

Medical device manufacturer AtriCure has agreed to pay $3.76 million to resolve civil Medicare fraud allegations that it marketed its medical devices to treat atrial fibrillation, a use not approved by the FDA, according to the U.S. Justice Department.

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Tags: Anti-kickback statute | False Claims Act | fraud recoveries | healthcare fraud | Julie Sullivan | Scott Becker

1. Initial development of the False Claims Act. The False Claims Act, also known as the “Lincoln Law" after its primary proponent, President Abraham Lincoln, was initially developed during the Civil War. The Act was a response to war profiteering by military contractors who attempted to defraud the government, for example, by sending boxes of sawdust instead of guns or selling the same cavalry horse to the armed forces multiple times. The Act remained in its original form from its initial passage in 1863 until 1943, at which point various amendments de-incentivizing qui tam actions made the statute nearly obsolete. In 1986, the Act was amended again with greater incentives for private citizens to report fraud on the government. The Act has become an increasingly active mechanism to combat fraud and false claims submitted to the federal government ever since. For additional background information, see http://www.all-about-qui-tam.org/fca_history.shtml.

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Tags: DOJ | False Claims Act | healthcare fraud | HEAT task force

Attorney General Eric Holder said federal prosecutors charged a record number of people with medical fraud in 2009, but there is still a lot more work to be done, according to a release from the Justice Department.

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Tags: arrest | healthcare fraud | Ohio | Three Rivers Infusion

Four employees at Three Rivers Infusion and Pharmacy Specialists in Coshocton, Ohio, were arrested in connection with an ongoing investigation into suspected healthcare fraud at the facility, according to a news release from the Ohio Attorney General's office.

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