Surviving Heightened Healthcare Enforcement: Avoiding Substantial Penalties and Settlements

Description

Healthcare enforcement is a 2015 priority for the U.S. DOJ. Recent examples include Endo Health Solutions and Endo Pharmaceuticals’ $192.7 million payment to resolve criminal and civil liability related to alleged drug mislabeling regarding directions of use. Endo also settled a civil false claims action and entered into a deferred prosecution agreement.

Hospitals and healthcare providers must also be on guard for whistleblower actions, which are being brought in unprecedented numbers. Qui tam litigation motivates whistleblowers with the potential for up to a 30% share of the award. In 2014, a Florida hospital agreed to pay $85 million to settle a qui tam lawsuit alleging illegal compensation to physicians, Medicare fraud, and Stark Law violations. In 2015, one of the largest healthcare fraud settlements in Alabama was reached, where two medical clinics agreed to pay $24.5 million to resolve false claims allegations.

Healthcare providers must understand the increased liability risks and prepare to respond to government investigations and qui tam litigation. Providers and their counsel should develop policies to help ensure compliance, mitigate risks of the False Claims Act and other violations and whistleblower actions, and defend investigations.

Listen as our authoritative panel of healthcare attorneys examines healthcare enforcement trends, including FCA and qui tam litigation. The panel will examine recent cases and the lessons that can be learned from those cases. The panel will offer guidance on avoiding qui tam lawsuits.