ACI's 4th Annual Forum on Preventing and Defending Long Term Care Litigation

  Omnicare settles more allegations under the False Claims Act & Anti Kickback Statute by  Sarah E. Coyne, Roger N. Morris, Joe Wilson and Katea M. Ravega Published on Lexology All health care providers, including pharmacies, hospitals and long-term care providers, should be on the lookout for potential whistleblower claims. Qui tam lawsuits — which are suits filed by whistleblowers in which the federal government may intervene, entitling the whistleblower to a share of the penalties — have been on the rise. In 2010, the Affordable Care Act amended the Anti-Kickback Statute (“AKS”), rendering AKS violations per se violations of the False Claims Act. Potential whistleblowers (called “relators” once they file a lawsuit) have taken notice, as evidenced by the significant increase in filed claims alleging violations (including some which concern alleged fraud predating 2010). A significant recent settlement of such a claim highlights the need for diligence… [ Read More ]