We represented a global healthcare company in relation to an investigation conducted by DOJ and HHS-OIG into alleged violations of the False Claims Act. The alleged false claims involved the manner in which certain negative pressure wound therapy devices were being marketed and distributed as durable medical equipment. Conducted an internal investigation and negotiated a favorable settlement with DOJ, HHS-OIG, and counsel for the relator. No post-settlement oversight was required.
Resolution of FCA Case for Global Healthcare Company
Client Type: Public Company
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We represented BioScrip, Inc. in its merger with Option Care Enterprises, Inc. The newly combined company, Option Care Health, Inc., emerges as the largest independent home and alternate site infusion services provider in the United States. Option Care Health’s common stock will be listed on the Nasdaq Global Select Market under the ticker symbol BIOS.
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Lead counsel representing emergency department provider and other defendants in qui tam lawsuit alleging violation of licensure laws caused submission of false claims. District court dismissed allegations against the emergency department provider on grounds that alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s Escobar decision. U.S. ex rel. Taylor v. Boyko, 2019 WL 2423283 (S.D. W. Va. Jun. 6, 2019).
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Successfully represented a private equity backed portfolio provider and its management company in a voluntary disclosure to HHS-OIG involving improper billing