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Payment Integrity Remains a Fiscal Concern for Federal Agencies

Improper payments – those payments that either should not have been made or were made in an incorrect amount – are still a major area…

What are the Requirements for Issuing and Using Guidance Documents?

In the previous blog post, we covered the recent “Good Guidance Practices” introduced by HHS in August 2020.  The new “Good Guidance Practices,” in our…

What is Considered Appropriate “Guidance” from CMS?

Guidance documents issued by the Centers for Medicare & Medicaid Services (CMS) have come under increased scrutiny in recent years.  The U.S. Supreme Court, in…

False Claims Act and Whistleblower Retaliation – Legal Analysis of United States v. Novartis

In our previous blog post, we began the discussion of the recent Whistleblower Protection case of United States v. Novartis, where the employee (“Relator”) became…

What Does Retaliation Under the False Claims Act Look Like?

Case Study:  United States v. Novartis The recent United States v. Novartis case, provides a good example of how Whistleblower Retaliation against an employee might…

An Opportunity to be Heard: Improving Transparency and Fairness in Healthcare Enforcement Actions – Part Two

The United States Department of Health and Human Services (HHS) just released a new set of rules that are focused specifically on improving transparency and…

Improving Transparency and Fairness in Healthcare Fraud Enforcement Actions – Part One

HHS recently issued a new set of rules as part of a broader effort on HHS’s part to implement an executive order, issued two years…

The False Claims Act and the Importance of “Materiality”

The False Claims Act imposes liability on a person who knowingly makes a false record or statement that is material to a false or fraudulent…

Drummond v. BestCare: An “Open-and-Shut Case” of Medicare Fraud – Part Two

The Posture of the Case When It Came to the Fifth Circuit Court of Appeals We left off Part One discussing the fact that the…

Published Articles

Nolan Auerbach lawyers serve as respected leaders and expert sources for Medicare fraud and other healthcare qui tam lawsuits. Published articles written by our attorneys include:

Our Firm In the News

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$168 Million Payout to Johnson & Johnson Whistleblowers

CNN Money

The $2.2 billion settlement between Johnson & Johnson and authorities means a record payout for whistleblowers. Joe Strom, a former employee of Johnson & Johnson subsidiary, Scios, will receive the entire $28 million awarded in California. He first brought suit against J&J in 2005 and ultimately helped government…

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Nurse Pleads Guilty to Taking Kickbacks From Drug Maker

The New York Times

A Connecticut nurse has pleaded guilty to federal charges of accepting $83,000 in kickbacks from Insys Therapeutics, an Arizona drug manufacturer that sells the powerful painkiller Subsys. According to federal prosecutors, the nurse worked in a pain clinic and was a top prescriber of Sybsys to Medicare patients…

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High Court Ruling on FCA Limitations Period, Bar on Filings Gives Providers Mixed Result

Bloomberg BNA

On May 26, 2015 a unanimous decision was announced by the U.S. Supreme Court that said a strict six-year limitations period applies to civil actions brought by whistle-blowers under the False Claims Act.

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What Happened After She Helped Nurse at Catholic Healthcare Blow Whistle on her Employer?

A settlement agreement between Dignity Health and the Justice Deparment was announced on October 30, 2014 for $36.7 million. The whistleblower in this case, Kathleen Hawkins, a registered nurse who worked as a director of medical management at Catholic Healthcare

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Jeb White & Jim Helmer Show How to Dismantle Common False Claims Act Defenses During National Webcast


Nolan Auerbach & White Partner, Joseph E.B. “Jeb” White presented to an audience of over 500 attendees during a BNA Bloomberg webcast titled, “Common Defenses to False Claims Act and How to Defeat Them.”

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Jeb White Appears on NPR Affiliate Radio Show


Recently Nolan Auerbach & White Partner, Jeb White, appeared on an hour-long radio show for National Public Radio (NPR) affiliate in Harrisburg, Pennsylvania. The “Smart Talk” radio program focused on whistleblower laws and Mr. White was joined on the program by Penn State Law Professor Katherine Pearson.

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