Drew Elizabeth McCormick
Subscribe to Drew Elizabeth McCormick's PostsDrew Elizabeth McCormick maintains a general health industry and regulatory practice. Drew advises health care clients on a wide variety of health care regulatory issues, including Medicare and Medicaid regulations, the Federal Anti-Kickback Statute, Ethics in Patient Referral Law, False Claims Act and Health Insurance Portability and Accountability Act (HIPAA), as well as state fraud and abuse laws, privacy laws, licensure regulation, research regulation, and health care compliance matters. Drew also has experience counseling clients who are undergoing government audits and investigations. Read Drew Elizabeth McCormicks' full bio.
Healthcare Enforcement Quarterly Roundup – Q2 2019
By Amandeep S. Sidhu, David Quinn Gacioch, Drew Elizabeth McCormick, Edward G. Zacharias, Irene A. Firippis, Jennifer Aronoff, Jennifer B. Routh, Katrina Rogachevsky, Lauren Evans, Laura McLane, Marshall E. Jackson, Jr., Paul M. Thompson, Sophia A. Luby, Theodore Alexander and Tony Maida on Aug 27, 2019
Posted In Additional Compliance Resources, Compliance Developments, Other Notable Enforcement Actions, Pharmaceuticals
In this second installment of the Healthcare Enforcement Quarterly Roundup for 2019, we cover several topics that have persisted over the past few years and identify new issues that will shape the scope of enforcement efforts for the remainder of this year and beyond. In this Quarterly Roundup, we discuss DOJ’s guidance on compliance programs and cooperation credit,...
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Unanimous Supreme Court Ruling Expands Statute of Limitations for Filing Qui Tam Cases
By Drew Elizabeth McCormick on Jun 18, 2019
Posted In Government Knowledge, Other Notable Enforcement Actions
On May 13, the US Supreme Court (the Court) unanimously ruled in Cochise Consultancy, Inc., v. U.S. ex rel. Hunt that the “government knowledge” statute of limitations under the federal False Claims Act (FCA), §31 U.S.C. 3729, et seq., applies regardless of whether the government intervenes in a case. As a result, in some circumstances,...
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Health Care Enforcement Quarterly Roundup – Q1 2019
By McDermott Will & Emery, Amandeep S. Sidhu, Drew Elizabeth McCormick, Irene A. Firippis, James A. Cannatti III, Jennifer B. Routh, Laura McLane, Matthew M. Girgenti, Paul M. Thompson, Sean Hennessy, Sophia A. Luby, Theodore Alexander, Tony Maida and T. Reed Stephens on Apr 26, 2019
Posted In Additional Compliance Resources, Other Notable Enforcement Actions, Pharmaceuticals
In this first installment of the Health Care Enforcement Quarterly Roundup for 2019, we continue to monitor trends we identified in 2018 and introduce new enforcement efforts that are expected to persist in the coming year. In this Roundup, we focus on increased enforcement activity against electronic health record (EHR) companies, enforcement against individuals (with an acute focus...
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Practice Reminder: Research Misconduct can be a Source of False Claims Act Liability
By Amanda Enyeart and Drew Elizabeth McCormick on Dec 10, 2018
Posted In Uncategorized
The October issue of the journal Science features a series of short articles highlighting a database containing a list of more than 18,000 scientific papers and conference abstracts that have been retracted over the past several decades. An analysis of the database shows that nearly 60 percent of retraction notices mentioned fraud or other kinds...
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Circuit Court Affirms Payments for Referrals Made to Employees are Protected by the AKS Safe Harbor
By Drew Elizabeth McCormick and Tony Maida on Aug 24, 2018
Posted In Anti-Kickback Statute / Stark Law
On August 7, 2018, the 11th Circuit Court of Appeals affirmed a ruling by the United States District Court for the Southern District of Florida dismissing a qui tam suit against the AIDS Healthcare Foundation, Inc. (AHF), finding that the payments made to AHF employees for referring patients to AHF were protected by the employment...
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Guidance on Guidance: DOJ Limits Use of Agency Guidance Documents in Civil Enforcement Cases
By Drew Elizabeth McCormick, Laura McLane and Tony Maida on Feb 20, 2018
Posted In Anti-Kickback Statute / Stark Law, Compliance Developments, Damages and Penalties, Medical Necessity, Other Notable Enforcement Actions, Pharmaceuticals
In a two-page memorandum, the US Department of Justice (DOJ) announced a broad policy statement prohibiting the use of agency guidance documents as the basis for proving legal violations in civil enforcement actions, including actions brought under the False Claims Act (FCA). The extent to which these policy changes ultimately create relief for health care...
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