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DOJ Signals New Direction for the False Claims Act

Early this year, two memoranda issued by the United States Department of Justice (the Department) were made public. The first, outlining the Department’s new stance on dismissing a False Claims Act (FCA) case over a relator’s/whistleblower’s objection was leaked in January, despite being labeled “Privileged and Confidential; For Internal ...

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Supreme Court Punts on False Claims Act Specificity Requirement

Last week the Supreme Court of the United States rejected a petition for a writ of certiorari in Medical Device Business Services, Inc. et al. v. United States ex rel. Nagrol et al. In this case, the petitioner asked the Court to resolve a circuit split on the question of what Fed. R. Civ. P. 9(b) means in False Claims Act (“FCA”) context. B...

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Recap: Telemedicine and Legal Issues You Should Know

Telemedicine is a rapidly growing industry that uses telecommunications to gather, store, and communicate clinical information. It is a subcategory of telehealth, which is the broader term encompassing all uses of telecommunications in the healthcare context. Telemedicine can be asynchronistic, where information is stored and then forwarded, ...

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Arielle R. Lusardi and Benjamin A. Waters Discuss Telemedicine Law at ACC Conference

Obermayer attorneys Arielle R. Lusardi and Benjamin A. Waters will be on a panel at the Association of Corporate Counsel's 10th Annual In-House Counsel Conference in Philadelphia to discuss legal issues surrounding telemedicine.  The session at 11 a.m. on April 25, 2018 will explore some of the more prominent legal and regulatory issues that ...

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Security Alert: New Meltdown and Spectre Vulnerabilities Impact Computer Processors to Expose Sensitive Information

Last spring the WannaCry ransomware cyber-attack crippled the global economy, impacting over 100,000 organizations throughout 150 countries and generating an estimated $4 billion in losses.  The National Health Information Sharing and Analysis Center, a community of actors within the healthcare and public health sectors, recently announced...

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Medical Marijuana Dispensaries: Maintaining Business Records for Federal Income Tax Purposes, Not as Hard as it Sounds

Generally, medical marijuana dispensaries are not allowed to deduct expenses for federal income tax purposes because buying and selling marijuana, even for medical reasons, is considered “trafficking in illegal drugs.”  Such dispensaries, however, are allowed to offset income by cost of goods sold (“COGS”) if they maintain sufficient...

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Early New Year’s Resolution: Update Partnership and LLC Agreements to Comply with New IRS Audit Rules

In 2015, Congress repealed the complex and heavily criticized Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”) partnership-level audit rules which apply to partnerships and most LLCs.  The new audit rules, which Congress adopted in place of the TEFRA rules, go into effect in less than a month (on 1/1/2018).  This change in audit...

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Fresh New Jersey Physical Therapy Rules for 2018

This past summer Governor Christie signed into law an amendment (“SB 1315”) to the New Jersey Physical Therapy Licensing Act of 1983 (“PT Licensing Act”), to be effective as of January 17, 2018.  Most importantly, SB 1315 will expand the scope of practice for Physical Therapists (each a “PT” and collectively “PTs”) and allow grea...

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Pennsylvania Legislature Exploring Court-Ordered Outpatient Treatment

The Pennsylvania legislature is currently considering legislation that would amend the Pennsylvania Mental Health Procedures Act (the “Act”) to provide for court-ordered outpatient treatment for those suffering from mental illness or other impairment covered by the Act. The legislation, known as House Bill 1233: A Better Standard for Outpat...

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Corporate Actors Held Individually Accountable in Recent False Claims Act Settlement

The Department of Justice (“DOJ”) has sent a clear message that individuals cannot hide behind the corporate shield in its recent settlement with Med-Fast Pharmacy, Inc. and the charges brought against its associated individuals and entities (“Med-Fast”). Under the agreement, which includes a $2.66 million payout by Med-Fast, the DOJ drop...

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