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SmallMediumLarge PrintFurther Developments in Constitutional Challenges to the False Claims Act, and Lessons From the Indictment of Two Telemedicine Corporations

This article covers recent legal issues: the ongoing debate over FCA constitutionality, with the Sixth Circuit denying an appeal in TriHealth, and the DOJ’s indictment of Done Global and Mindful Mental Wellness for illegally distributing Adderall via telehealth. Despite individual convictions, the companies face charges, indicating the government’s focus on enforcement in the telemedicine industry.

February 26, 2026Expert OpinionRecent Developments in 'Regeneron', and Eleventh Circuit Argument Regarding the Constitutionality of the False Claims Act’s Qui Tam Provision

This article updates on two key legal cases in healthcare enforcement. First, in Regeneron, after the First Circuit ruled that FCA liability requires “but-for causation” linking kickbacks to claims, the government is now trying to shift its theory to avoid this burden, arguing that false certifications—rather than causation—establish liability. Second, in Zafirov, a recent Eleventh Circuit hearing considered whether the FCA’s qui tam provision violates the Constitution’s Appointments Clause by allowing private relators to wield executive authority. Judge questions focused on the authority of relators and historical statutes, with some judges suggesting the issue might reach the Supreme Court.

January 04, 2026Expert OpinionRecent Developments in eHealth, and Ongoing Litigation Regarding “But-For” Causation Under the False Claims Act

"This edition of the Healthcare Enforcement column continues to follow recent developments in United States ex rel. Shea v. eHealth, Inc. et al., 21-cv-11777 (DJC) (D. Mass.), a significant False Claims Act (FCA) case in which the government alleged that major health insurers and brokers not only paid for beneficiaries to be referred to the insurers’ Medicare Advantage Plans, but also discriminated against disabled beneficiaries to prevent them from joining those plans."

October 28, 2025Expert OpinionA Major New FCA Action, the DOJ’s 2025 ‘National Health Care Fraud Takedown,’ and the First Appellate Court Decision Interpreting EKRA

This article covers recent healthcare enforcement actions: an FCA lawsuit on kickbacks and discrimination, the DOJ’s largest 2025 health care fraud takedown and a court ruling clarifying EKRA’s scope, especially on payments to marketing agents.

August 19, 2025Expert OpinionAntikickback Developments and a New DOJ Enforcement Action

"This edition of the Healthcare Enforcement column discusses two judicial decisions from recent months relating to the Antikickback Statute (AKS), and briefly mentions a third notable case that was recently filed and is likely to garner considerable attention going forward."

June 23, 2025Expert OpinionHealthcare Enforcement Roundup: Developments in False Claims Act and Antikickback Cases

Robert Radick writes his first health care enforcement roundup column for the NYLJ. "This new column will, every two months, provide an update on recent developments in healthcare enforcement, including criminal prosecutions, False Claims Act (FCA) matters, and regulatory and administrative measures."

May 01, 2025Expert OpinionA Warning About 'Upjohn' Warnings: A Word of Caution for Individual Employees

This article discusses the practical reality that 'Upjohn' warnings afford considerably less protection to individual employees than conventional wisdom may suggest.

June 25, 2021Revival of the Responsible Corporate Officer Doctrine

Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer partners Jonathan S. Sack and Robert M. Radick discuss the substance and ramifications of the RCO doctrine, which provides that corporate officers may be held criminally liable for certain offenses relating to public health and welfare even if the individual officers neither knew of nor participated in the unlawful activity in question, and the potential exclusion from government programs that must now be of significant concern to company officials in the pharmaceutical and other health care industries.

February 14, 2011Continuing Medical Education: Criminal Risks in Sponsorship

Robert M. Radick, a principal of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, writes: Just as the legal profession requires Continuing Legal Education, physicians are required to update and enhance their skills through participation in Continuing Medical Education. Yet whereas it is difficult to conceive of a situation in which legal professionals could face criminal charges arising out of their participation in CLE, the situation is vastly different in the medical field. Recent testimony before the United States Senate underscores the significant degree of skepticism within federal law enforcement towards CME sponsored by pharmaceutical and medical device manufacturers, the government's view that CME is often a thinly veiled effort to market products and funnel money to doctors, and the considerable risk that criminal exposure can result.

October 21, 2009Outside CounselFor YouLoading For You...

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