“Manufacturers and providers … are not stupid. They know that there’s a high risk of enforcement if they give money or vacations or dinners or burlap sacks full of cash,” Phillips and Cohen partner Hasegawa said. “Instead, what we’re seeing is a rise in attempts by companies to cloak their kickbacks in something that looks a little bit respectable.”
“Kickback litigation in the EHR space is ‘going to continue to evolve into additional health technologies,’ eventually exploring ‘the relationships with all of these health technologies — even with each other — and the relationships with pharma and device companies,’ ” said Phillips and Cohen partner Matzzie.
“Matzzie represented whistleblowers in the ModMed and eClinicalWorks cases, plus a kickback case against EHR vendor CareCloud Health Inc., which two years ago settled for almost $4 million,” reads the article.
Read the entire article titled, “FCA Chases ‘Shrewder’ Kickbacks As 50-Year Hunt Intensifies,” Law 360, May 10, 2023.