Darby C. Allen

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Feds Win Crucial Motions in Two High-Stakes Stark Cases

On the heels of the landmark Tuomey case (see the October 3, 2013 issue of the Health Law Update), the federal government recently has seen success in two more False Claims Act cases predicated on alleged Stark Law violations. Halifax Hospital Medical Center In November, a federal district court judge in Florida granted partial summary judgment … Continue Reading

Two for Me; Many Times More for the Government in the Largest Whistleblower Award Against a Community Hospital

A U.S. district judge in South Carolina approved the government’s request for a civil penalty award and ordered Tuomey Healthcare System, Inc. (Tuomey) to pay more than $237 million in damages and fines in a whistleblower case that accused Tuomey of paying doctors pursuant to compensation arrangements that violated the Stark Law. The penalty was … Continue Reading

2014 Physician Fee Schedule: Cuts and Quality and Data! Oh My!

The Centers for Medicare and Medicaid Services (CMS) recently released the calendar year 2014 Physician Fee Schedule Proposed Rule (Proposed Rule). The Proposed Rule highlights CMS’s (and Congress’s) continued focus on the principles of high-quality care, exceptional patient experience and affordability that has only increased since the passage of the Patient Protection and Affordable Care … Continue Reading

Hospital Ordered to Produce Privileged Documents Under the Crime-Fraud Exception

A magistrate judge in the U.S. District Court for the Middle District of Florida recently ordered a hospital defendant in a False Claims Act (FCA) case to turn over two prime documents to the U.S. Department of Justice and the whistleblower that would seem to fall within the traditional confines of the attorney-client privilege. The … Continue Reading
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