Fifth Circuit Reinstates Claims Against Caremark In Medicaid False Claims Act Case

The False Claims Act legal landscape has changed dramatically since 2009, principally because of recent clarifying legislation. To help guide readers through this evolving terrain, healthcare fraud reporters regularly turn to Nolan Auerbach partner Jeb White, who shepherded the legislation through Congress as the president of Taxpayers Against Fraud. BNA Health Care Fraud Report reached out to Mr. White after the Fifth Circuit ruled that the False Claims Act’s “reverse false claim” provision could be violated by a Pharmacy Benefit Manager. Here, Mr. White spotlighted the far-reaching impact this decision could have on the healthcare industry, particularly since a large percentage of pharmaceuticals are now handled by Pharmacy Benefit Managers.

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