False Claims Act Update & Alert
Taxpayers Against Fraud Education Fund | Washington, D.C. | WWW.TAF.ORG
September 20, 2011. . ![]()
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TAF 2011 Award Winners
..n "Honest Abe" Integrity in Government Award to Michael F. Hertz for 25 years of uncompromising professionalism, integrity, and judgment serving as a model for the Civil Division and the U.S. Department of Justice.
..n Lawyers of the Year Award to Ken J. Nolan and Marcella Auerbach who, last year alone, helped return $1.3 billion back to the United States Government.
..n Whistleblower of the Year Award to Chris Riedel who, as CEO of Hunter Labs, filed seven FCA cases in order to help restore competition to the California laboratory market.
..n Lifetime Achievement Award to Neil V. Getnick for his service to whistleblowers and the nation in helping strengthen the federal False Claims Act and get a New York State FCA enacted into law. >> To read more
Watson and Sandoz Settle AWP Cases
For Combined Total of $155 Million
Watson Pharmaceuticals has agreed to pay $79 million, and Novartis's Sandoz unit has agreed to pay $66 million, to resolve two False Claims Act cases filed by Ven-a-Care of the Florida Keys charging the companies with systematically defrauding U.S. and state governments by causing Medicaid to overpay for generic drugs. This is the 18th successful lawsuit filed by Ven-a-Care, a small specialty pharmacy that has helped recover more than $2.3 billion of America's stolen money. >> To read more
DoJ Joins Case Against Par
DoJ and 20 states have joined a False Claims Act case against Par Pharmaceuticals alleging Par and two foreign companies (Alphapharm and Genpharm) worked to defraud Medicaid by conspiring with Walgreens and other pharmacies to illegally switch prescriptions of generic Prozac (fluoxetine) and Zantac (ranitidine) to Par’s products which were billed to Medicaid at significantly higher prices. The case is being brought by Chicago pharmacist Bernard Lisitza, who has previously helped win FCA settlements and recoveries for the U.S. Government of $50 million (Omnicare, 2006), $37 million settlement (CVS, 2008), and $35 million (Walgreens, 2008). Just two weeks ago, Par settled another FCA lawsuit for $154 million. >> To read more
Relator Nails Maxim for $150 Million
Maxim, one of the nation's largest health care staffing agencies, has agreed to pay $150 million settlement to settle a False Claims Act case filed by patient Richard West who discovered the company had billed for so many fraudulent services in his name that they had exceeded a monthly Medicaid cap, resulting in his being denied needed services. Noted a columnist in The Baltimore Sun, "If Washington is as serious about fighting medical fraud as it pretends to be, it will recruit an army of Richard Wests to burn off leeches like Maxim.... One man. One wheelchair, one respirator, one computer. And an outrage that somebody was ripping off the program that was keeping him alive." >> To read more
CardioNet Plunges 20% on DoJ Probe
On August 25, CardioNet received a Civil Investigative Demand issued by the U.S. Attorney in the Western District of Washington, and stock in the company quickly plunged 20 percent. According to the company, the investigation involves whether inappropriate diagnosis codes may have been used when Medicare was billed for real-time, outpatient cardiac monitoring services. >> To read more
BP Amoco to Pay $20.5 Million
BP Amoco (formerly Amoco Corp.) and related companies have agreed to pay $20.5 million to settle a False Claims Act case filed by Harold Wright. The United States government initially declined to intervene in this case, but intervened at the last moment "for the purpose of completing this settlement." Mr. Wright, who is now deceased, helped to recover more than $270 million in oil and gas revenue stolen from federal and Indian leases. >> To read more
U.S. Joins Suit Against Halifax Hospital
DoJ has joined a FCA lawsuit filed against Halifax Hospital Medical Center of Daytona Beach, Florida. After reading the complaint, Aaron Liberman, a professor of health management at the University of Central Florida who has done consulting work for Halifax in the past said said he hoped the allegations weren't true, but that he was "shocked" by the specificity of the charges. >> To read more
$125 Billon a Year in Improper Payments,
With $70 Billion by Medicare and Medicaid
According to April testimony to a House panel by Kay Daly, the Government Accountability Office’s director of financial management and assurance, the U.S. Government made $125 billion in improper payments in 2010, of which the U.S. Centers for Medicare and Medicaid Services accounted for the largest portion; $70.4 billion of the total. >> To read more
Scios Pays $85 Million for Off-label
Johnson & Johnson's Scios unit has agreed to pay $85 million and plead guilty to misbranding the heart drug Natrecor. In addition to a fine, Scios will be placed under organizational probation for three years. This plea agreement does not release Johnson & Johnson from a False Claims Act case joined by the U.S. Department of Justice which charged the company with illegal off-label marketing of Natrecor for "serial outpatient infusions" not approved by the FDA. >> To read more.