虚假申报法案

Ranked Band 1 in Chambers USA for False Claims Act

A nationally acclaimed practice with significant pedigree in the healthcare, pharmaceutical and life sciences fields, where it represents a number of highly significant players in extremely contentious FCA matters. The practice also demonstrates considerable skill in handling FCA matters in the cybersecurity and financial service spaces.”

Chambers & Partners

At a Glance

  • Favorably resolved an enforcement action for a health care investment private equity firm and its portfolio company, a multi-state physician practice, which resulted in the lifting of a CMS-imposed multi-year Medicare payment suspension. The private equity firm was released from liability.
  • Successful dismissal of FCA claims filed by a whistleblower against a global private equity firm in the Eastern District of Pennsylvania concerning the firm’s investment in a healthcare-focused portfolio company’s coding, referral and medical exam policies.
  • Representing a global pharmaceutical company in an FCA case filed by the U.S. Attorney’s Office for the District of Massachusetts alleging violation of the Anti-Kickback Statute (“AKS”) in connection with donations to an independent charitable foundation that provides financial assistance to low-income Medicare beneficiaries seeking access to the company’s breakthrough treatment. Obtained a summary judgment ruling adopting a favorable causation standard. The standard, which is the subject of hotly contested litigation nationwide, is on review in the First Circuit.
  • Won three motions to dismiss on behalf of a multinational medical device company in an FCA qui tam action alleging that the company misrepresented its compliance with federal regulations for certain devices reimbursable through Medicare. Secured a favorable settlement following the 9th Circuit’s affirmance for much of the lower court’s dismissal.
  • Represented a home health care provider in connection with a CID issued by the DOJ concerning Medicaid claims submissions for home health care visits using Electronic Visit Verification. The investigation, which resulted from a relator’s qui tam claim, closed without further action.
  • Representing several Medicare Advantage vendors in connection with investigations by DOJ and the U.S. Attorney’s Office for the Southern District of New York into whether such vendors caused the submission of false claims via submission of improper diagnosis codes.
  • Secured favorable resolution for a global pharmaceutical company in connection with an investigation by the DOJ into an entity the company acquired. The investigation focused on the acquired company’s relationships with hundreds of physician speakers who were paid to educate other prescribers about a novel, newly approved medication.
  • Defending a French multinational pharmaceutical and health care company in a qui tam action filed by a hospital operator against several drug manufacturers alleging FCA violations resulting from overcharges for 340B program drugs.
  • Advising a large private equity firm and several of its portfolio companies in an FCA inquiry concerning Paycheck Protection Program loans received by the firm’s portfolio companies.
  • Representing a global aerospace and defense company in response to subpoenas issued by the U.S. Attorney’s Office for the District of Massachusetts related to alleged criminal and civil FCA violations.
  • Representing three large U.S. universities in responding to subpoenas from the NASA Office of Inspector General, who has become increasingly aggressive in investigating universities that are receiving NASA funds.