Posts Tagged ‘Healthcare’
Tuesday, March 5th, 2013
Kenney & McCafferty is proud to announce that it represents a key Par Pharmaceutical insider whose knowledge, information, and evidence were central to Par’s decision today to pay $45 million to settle civil and criminal allegations. The settlement resolves allegations that Par willfully defrauded Medicare, Medicaid, and other government funded health care programs in connection with the launch of a long-term care sales force to promote Megace ES for off-label uses, including weight loss in elderly patients.
Kenney & McCafferty represented whistleblower Christine Thompson, who filed a qui tam action against Par arising from this misconduct. As a result of her efforts in coming forward with this information as well as her assistance throughout the government’s investigation, Ms. Thompson is entitled to receive a percentage of the government’s civil recovery.
To read more about the Par case, including the complaint, click here.
Monday, December 20th, 2010
With the passage of The Patient Protection and Affordable Care Act of 2010 (“PPACA”) and the Healthcare and Education Reconciliation Act of 2010 (“HERA”), 2010 has seen important legislative change come to the FCA. And, on the whole, this change has been good, especially for whistleblowers.
One positive outcome of the new legislation is that there are now fewer restrictions on the ways in which a whistleblower can bring fraudulent conduct before the government. Until 2010, a whistleblower was barred from filing a suit under the False Claims Act if the conduct he was exposing had already been brought into the public domain through the media, federal, state, or local reports, audits and investigations, or criminal, civil, hearings and proceedings.
Under the new amendments the definition of ‘public disclosures’ has been limited. This is a direct benefit to future whistleblowers as parties will be able to bring suit under the False Claims Act for publications which were previously unapproved (different word here: not allowed?). It will be exciting to think of what new ways of attacking fraud and corruption will be seen in the coming years as a consequence of this beneficial legislation.