Harborside Healthcare to Pay U.S. $1.375 Million to Resolve Allegations of Kickbacks and Sham Durable Medical Services

The United States Department of Justice announced that Harborside Healthcare and HHC Nutrition Services will pay the United States $1.375 million to resolve False Claims Act allegations that the company received kickback and assistance under the guise of sham durable medical equipment (DME) provider.   The government alleged that McKesson Corp.

Pennsylvania Senate Introduces State False Claim Act

On October 8, 2009, the Pennsylvania Senate introduced a bill that would enact a Pennsylvania False Claims Act.  Senate Bill 1113 would enable the Commonwealth to collect treble damages and a civil penalty of $5,000 to $10,000 per claim from anyone who submits, or causes another to submit, a false or fraudulent claim for payment to the Commonwealth of Pennsylvania.

Lilly Settles Suit With South Carolina Over Zyprexa

Eli Lilly & Co. agreed to settle a lawsuit brought by South Carolina claiming the company improperly marketed its antipsychotic Zyprexa, averting a trial in which the state planned to seek $6 billion.   South Carolina sought reimbursement for the costs of Zyprexa prescriptions and alleged Zyprexa-related illnesses. The state claimed Lilly pushed doctors to prescribe the medication and withheld information about Zyprexa’s side effects such as weight gain.

GAO Report Finds Widespread Problems at Defense Contract Audit Agency

The Government Accountability Office (“GAO”) recently issued a report finding widespread problems with the quality of audits conducted by the Defense Contract Audit Agency (“DCAA”).  The DCAA under the Department of Defense (DOD) Comptroller plays a critical role in defense contractor oversight by providing auditing, accounting, and financial advisory services in connection with DOD and other federal agency contracts and subcontracts.

The ‘New’ New Jersey False Claims Act: It Was Born to Run

On Jan. 7, 2008, the New Jersey Legislature joined then 20 other states and the District of Columbia in passing its version of a civil false claims act.   The New Jersey False Claims Act, which is modeled on the Federal False Claims Act, allows whistleblowers (often referred to as “Qui Tam Relators”) to blow-the-whistle on those businesses and individuals who submit false or fraudulent claims to the State of New Jersey.

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