[11/01/19]
Posted on November 1, 2019 in HR Insights for Health Care
Published by: Hall Render
Health care providers who staff for safety-sensitive positions should take notice of a Seventh Circuit appeals panel ruling on October 29, 2019, that an obese applicant cannot claim a violation of the Americans with Disabilities Act for an employer’s rejection of him over concerns about future possible health conditions and related safety concerns arising... READ MORE
Tags: ADA, Americans with Disabilities Act, BNSF Railway Company, Disability, Obesity, Seventh Circuit
[06/18/15]
Posted on June 18, 2015 in False Claims Act Defense
Written by: David B. Honig
The Seventh Circuit Court of Appeals just issued its decision in US ex rel. Nelson v. Sanford-Brown, Ltd.. This decision is sure to find its way into briefs and arguments for years to come in False Claims Act (“FCA”) cases. It touched upon many of the different ways a qui tam relator can fail to bring an... READ MORE
Tags: 7th Cir, False Claims Act, FCA, implied certification, Nelson, original source, PPA, public disclosure, Sanford-Brown, Seventh Circuit
[02/24/15]
Posted on February 24, 2015 in False Claims Act Defense
Written by: David B. Honig and Andrew B. Howk
A recent case out of the Northern District of Illinois Federal Court, US ex rel. Oughatiyan v. IPC the Hospitalist Company, Inc., demonstrates the high risk inherent in evaluation and management (E&M) coding for health care providers. READ MORE
Tags: 9(b), E&M, evaluation and management, False Claims Act, FCA, hospitalist, Illinois, IPC, Northern District of Illinois, Oughatiyan, Seventh Circuit
[12/04/14]
Posted on December 4, 2014 in False Claims Act Defense
Written by: Drew B. Howk
In U.S. ex rel. Grenadyor v. Ukranian Village Pharmacy, Inc. et al., the Seventh Circuit affirmed a trial court’s dismissal of a whistleblower’s complaint for its failure to provide sufficient specificity regarding the alleged fraud. In the opinion, Judge Posner drives a stake through the heart of a common boilerplate phrase with clarity and precision that makes a... READ MORE
Tags: 7th Circuit, 9(b), dismissal, Illinois, motion to dismiss, particularity, pleading, Posner, Seventh Circuit
[07/29/14]
Posted on July 29, 2014 in False Claims Act Defense
Written by: Drew B. Howk
The Seventh Circuit reversed a district court’s decision finding that it lacked jurisdiction over a whistleblower’s claim under the False Claim Act’s public disclosure bar. In U.S. ex rel. Heath v. Wisconsin Bell, Inc., the Court held that even though the Complaint relied in part upon publicly available information, the Relator’s allegations rested upon... READ MORE
Tags: E-Rate, FCC, public disclosure, Seventh Circuit, Wisconsin