Where the government chooses not to intervene in a whistleblower (qui tam) False Claims Act (FCA) suit, what is the statute of limitations? The federal statute governing the statute of limitations in FCA cases, 31 U.S.C. § 3731, provides that a claim must be brought by the latter of: (1) six years of the violation, i.e., the date of the false claim to the government, or (2) three years from the date that material facts “are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances.” Claims brought under the three-year “discovery” limitations period must be brought within 10 years after the date on which the violation is committed. Continue reading →

Sen. Bill Cassidy (R-LA) and Sen. Michael Bennet (D-CO) released the latest legislation this week to address surprise medical bills. Continue reading →

It is obvious to everyone that the issue of bills from out-of-network hospital-based physicians – now commonly labeled “surprise medical bills” – is picking up momentum. Continue reading →

On February 14, 2019, the U.S. Department of Health and Human Services (HHS) Center for Medicare and Medicaid Innovation, announced the launch of an innovative payment model with new treatment and transport options to more appropriately and effectively meet Medicare beneficiaries’ emergency needs.   The Emergency Triage, Treat and Transport (ET3) Model is a voluntary, five-year payment model that aims to allow Medicare Fee-For-Service (FFS) beneficiaries to receive the most appropriate level of care at the right time and place. Continue reading →

A ruling from the federal district court in the Northern District of Texas, penned by Judge Reed O’Connor, held a part of the Patient Protection and Affordable Care Act (“ACA”) (commonly referred to as Obamacare) unconstitutional, and the remaining parts invalid. Unsurprisingly, this decision has attracted much attention and quickly become one of the most watched cases. Continue reading →