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Walgreens Agrees to Pay $269 Million to Settle Two FCA Suits

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On January 22, 2019, Walgreens agreed to pay more than $269 million to settle allegations of False Claims Act (FCA) violations for overbilling of various drugs. The deals are some of the largest pay-outs ever by a retail pharmacy, according to the United States Department of Justice (DOJ).

The Two Settlements.

There were two separate complaints involving Walgreens to settle federal and state lawsuits that accused the pharmacy of overbilling federal healthcare programs. Both were unsealed by U.S. District Court judges in Manhattan, according to the DOJ.

In the first settlement, Walgreens agreed to pay $209.2 million to the U.S. and several state governments for improperly billing Medicare, Medicaid and other federal healthcare programs. The pharmacy […]

DOJ Announces $2.8 Billion Recovered Funds From Healthcare Cases in 2018

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 21, 2018, the U.S. Department of Justice (DOJ) announced that it recovered more than $2.8 billion from False Claims Act (FCA) (also known as “qui tam” or “whistleblower cases”) cases in 2018. Of the $2.8 billion in settlements and judgments that the government obtained during the year through FCA cases, more than $2.5 billion involved health care fraud. These cases included drug and medical device manufacturers, managed care providers, hospitals, pharmacies, hospice organizations, laboratories, and physicians.

Health Care Fraud.

The DOJ’s largest recoveries involving the health care industry in 2018 came from the drug and medical device industry. In one example, AmerisourceBergen Corporation paid a whopping $625 million to settle charges filed under the whistleblower provisions of the FCA. The charges alleged that it illegally distributed […]

DOJ Announces $2.8 Billion Recovered From Healthcare FCA Cases in 2018

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 21, 2018, the U.S. Department of Justice (DOJ) announced that it recovered more than $2.8 billion from False Claims Act (FCA) (also known as “qui tam” or “whistleblower cases”) cases in 2018. Of the $2.8 billion in settlements and judgments that the government obtained during the year through FCA cases, more than $2.5 billion involved health care fraud. These cases included drug and medical device manufacturers, managed care providers, hospitals, pharmacies, hospice organizations, laboratories, and physicians.

Health Care Fraud.

The DOJ’s largest recoveries involving the health care industry in 2018 came from the drug and medical device industry. In one example, AmerisourceBergen Corporation paid a whopping $625 million to settle charges filed under the whistleblower provisions of the FCA. The charges alleged that it illegally distributed […]

Miami Man to Remain Jailed for Trial in Nation’s Largest Medicare Fraud Case

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 3, 2018, a Florida judge ruled that a Miami businessman who has been jailed for more than two years on $1 billion health care fraud charges, must remain in custody through his trial next year. U.S. District Judge Robert N. Scola Jr. found no violation of his due process rights. He also denied Philip Esformes’ motion to dismiss several money laundering charges.

Trial Date is Set.

A February 11, 2019, trial date has been set for one of the nation’s biggest Medicare fraud cases that Esformes allegedly orchestrated through nursing homes and assisted living facilities he owned. According to the government, the scheme resulted in $1 billion in false billing and at least $464 million in improper reimbursement payments from Medicare and Medicaid.

Esformes, has been in […]

New Update to the Medicare Program Integrity Manual Issued by CMS

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On June 1, 2018, the Centers for Medicare & Medicaid Services (CMS) issued further guidance for reporting and reviewing final adverse legal actions (ALAs) in provider enrollment applications. Section 15.5.3 of the Medicare Program Integrity Manual (MPIM) was updated through Transmittal 797 to provide more guidance on the types of final adverse actions that must be disclosed. It also provides additional instruction to Medicare Administrative Contractors (MACs) on how to process disclosed final adverse actions.

New Language Basics.

The update in Section 15.5.3 of the MPIM clarifies the scope of disclosure, the time frames for disclosure and the evidence needed to support a disclosure.

Per the 2018 update, the list of reportable adverse actions includes: felony and misdemeanor convictions within the last 10 years; current or past suspensions/revocations of […]

By The Health Law Firm|2024-03-14T10:00:23-04:00September 7, 2018|Categories: Health Facilities Law Blog|Tags: AHCA audit defense lawyer, Cahaba Safeguard Administrators audit defense lawyer, Centers for Medicare & Medicaid Services (CMS) representation, CMS defense attorney, CMS defense representation, CMS investigation representation, First Coast Service Options audit defense attorney, Florida health law defense lawyer, health care fraud representation, Health Integrity audit defense lawyer, healthcare professional representation, Licensure Defense Representation, Medicaid audit defense attorney, Medicaid defense lawyer, medical license defense attorney, Medicare audit defense attorney, Medicare defense lawyer, Noridian NCI audit defense attorney, professional license defense attorney, professional license representation, RAC audit defense lawyer, representation for health care professionals, representation for Medicaid issues, representation for medicare issues, representation for physician reimbursement, representation for physicians, reviews of The Health Law Firm attorneys, SafeGuard Services audit defense lawyer, The Health Law Firm reviews, Trust Solutions audit defense attorney, ZPIC audit defense attorney|Comments Off

Ambulance Company in Tennessee Settles A $2 Million Overpayment Lawsuit

George F. Indest III, Board Certified by The Florida Bar in Health Law

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Dr. Thu Pham, O.D., Law Clerk, The Health Law Firm Attorney

A Tennessee ambulance company and the U.S. Department of Health and Human Services (DHHS) announced a settlement in a case over a post payment audit for more than two million dollars in May 2012. Back in March of 2010, the Nashville ambulance company sued the DHHS after being sent a $2.65 million overpayment demand, according to the Nashville Business Journal.

To see the Nashville Business Journal article on the lawsuit, click here.

Huge Fine Found Using Error Rate Extrapolation Formula.

According to the lawsuit, the ambulance company claimed that the […]

By The Health Law Firm|2024-03-14T10:00:37-04:00June 1, 2018|Categories: Appeal, Medicare, Medicare Audit, The Health Law Firm Blog|Tags: administrative appeal, AdvanceMed, ambulance company, ambulance services, conspiracy, defense attorney, Department of Health and Human Services (DHHS), false representation, falsified data, falsified reports, health care fraud, Medicaid audit defense attorney, Medicare administrative contractor (MAC), medicare audit, Medicare audit defense attorneys, medicare audit lawyers, Medicare fraud, overbilling|Comments Off

What You Need to Know About Preparing and Responding to an Initial Medicaid Audit Request

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Health care providers in Florida who service Medicaid patients are at a higher risk for audits than anywhere else in the country. The unfortunate truth is that Florida has become synonymous with health care fraud. As a result, auditing and subsequent overpayment demands are very real possibilities.

The Health Law Firm and its legal professionals represent health care providers in virtually every aspect of Medicaid program audits, investigations and litigation. These include physicians, medical groups, mental health professionals, pharmacies, nursing homes, home health agencies, hospitals and other health facilities.

Facts You Should Know About the Medicaid Audit Process.

Should you find yourself, your facility or your health practice the subject of a Medicaid audit by your state Medicaid agency or audit contractor, there are a few things you […]

By The Health Law Firm|2024-03-14T10:01:20-04:00May 15, 2018|Categories: Dental Law Blog|Tags: audit defense attorney, health care fraud defense attorney, legal counsel for Medicaid audits, legal counsel for responding to Medicaid audits, legal representation for allegations of overbilling, legal representation for false billing, legal representation for Medicaid audit, legal representation for Medicaid fraud allegations, legal representation for Medicaid investigation, legal representation for Medicaid overpayment, Medicaid audit defense attorney, Medicaid fraud attorney, Medicaid fraud defense attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, ZPIC audit defense attorney|Comments Off

Responding to a Medicaid Audit: Important Tips You Should Know

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The Agency for Health Care Administration (AHCA), Office of Inspector General (OIG), Bureau of Medicaid Program Integrity, is the Florida agency responsible for routine audits of Medicaid health care providers. Each state has a similar state agency, though it may have a different name. The agency’s job is to ensure that the Medicaid Program was properly billed for services. Health care professionals receiving large payments from Medicaid or who practice in areas that typically see the most abuse or fraudulent billings, are the ones most likely to be audited. These include pediatricians, Ob/Gyns, family practice physicians and pediatric dentists.

A different state agency that may also conduct Medicaid audits is the state Medicaid Fraud Control Unit (MFCU). However, by definition, the MFCU is investigating allegations that there […]

By The Health Law Firm|2024-03-14T10:01:21-04:00May 15, 2018|Categories: Dental Law Blog|Tags: health care fraud attorney, health care fraud defense attorney, health care fraud investigation defense attorney, legal representation for fraudulent billing, legal representation for health care fraud, legal representation for health care fraud investigation, legal representation for Medicaid audits, legal representation for Medicaid fraud, legal representation for overbilling, legal representation for submitting false claims to the government, Medicaid audit defense attorney, Medicaid fraud defense attorney, reviews of The Health Law Firm, reviews of The Health Law Firm attorneys, the health law firm|Comments Off

What You Need to Know About Preparing and Responding to an Initial Medicaid Audit Request

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Health care providers in Florida who service Medicaid patients are at a higher risk for audits than anywhere else in the country. The unfortunate truth is that Florida has become synonymous with health care fraud. As a result, auditing and subsequent overpayment demands are very real possibilities.

The Health Law Firm and its legal professionals represent health care providers in virtually every aspect of Medicaid program audits, investigations and litigation. These include physicians, medical groups, mental health professionals, pharmacies, nursing homes, home health agencies, hospitals and other health facilities.

Facts You Should Know About the Medicaid Audit Process.

Should you find yourself, your facility or your health practice the subject of a Medicaid audit by your state […]

By The Health Law Firm|2024-03-14T10:01:25-04:00May 15, 2018|Categories: Health Facilities Law Blog|Tags: audit defense attorney, health care fraud defense attorney, legal counsel for Medicaid audits, legal counsel for responding to Medicaid audits, legal representation for allegations of overbilling, legal representation for false billing, legal representation for Medicaid audit, legal representation for Medicaid fraud allegations, legal representation for Medicaid investigation, legal representation for Medicaid overpayment, Medicaid audit defense attorney, Medicaid fraud attorney, Medicaid fraud defense attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, ZPIC audit defense attorney|Comments Off

Florida Government Officer Charged in Billion Dollar Medicare Fraud

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Health Care Administrator Accepts Bribes.
An alleged $1 billion health care scheme has lead to the first known prosecution against a Florida Agency for Health Care Administration official. Bertha Blanco faces a wide range of charges including accepting bribes to tip off individuals when state wide investigations were to begin.

The Ring Alleged Ring Leader.

It is reported that Blanco oversaw inspections by the Florida Agency for Health Care Administration or “AHCA” of Florida nursing homes owned by Phillip Esformes. Blanco was allegedly taking bribes to tip off Esformes of violations reported to the state agency before the investigation (or “survey”) even began. This allegedly allowed Esformes to attempt to fix or remedy the deficiencies that were reported even before the investigation began and to maintain his. Esformes […]