Joshua T. Buchman
Subscribe to Joshua T. Buchman's PostsJoshua (Josh) T. Buchman focuses his practice on white-collar criminal defense, internal investigations and complex commercial litigation. He represents corporate clients in the health care, manufacturing and defense contracting industries, in civil litigation and in corporate internal investigations. Josh has deep knowledge of False Claims Act litigation, and obtained a complete victory for a defense contractor client in a case involving $600 million in single damages exposure. He also represents individuals involved in government investigations. Read Joshua T. Buchman's full bio.
Is the Stark Law’s “Signed Writing” Requirement Material to Payment: One Federal Court Says Yes
By Tony Maida, Daniel H. Melvin, Joshua T. Buchman, Joan Polacheck and Rebecca Waltuch on May 10, 2017
Posted In Anti-Kickback Statute / Stark Law, Knowledge/Scienter, Materiality, Stark
In a case of first impression, a federal court found that the federal physician self-referral law’s (Stark Law) requirement that financial arrangements with physicians be memorialized in a signed writing could be material to the government’s payment decision. This case raises troubling questions about applying the False Claims Act (FCA) to what many in the...
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How to Use the New OIG-HCCA Compliance Resource Guide in Your Compliance Program
By Joshua T. Buchman, Michael W. Peregrine and Tony Maida on Apr 18, 2017
Posted In Uncategorized
Released on March 27, 2017, the Compliance Program Resource Guide (Resource Guide), jointly prepared by the US Department of Health and Human Services Office of Inspector General (OIG) and the Health Care Compliance Association (HCCA) reflects the result of a “roundtable” meeting on January 17, 2017, of OIG staff and compliance professionals “to discuss ways...
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How DOJ’s New Corporate Conduct Enforcement Guidelines Affect Health Care Providers
By Joshua T. Buchman and Michael W. Peregrine on Sep 18, 2015
Posted In Yates Memorandum
Health care general counsel should advise their clients on the implications of the new guidelines on corporate conduct recently released by the Department of Justice (DOJ). These guidelines demonstrate a substantially increased government focus on individual accountability for corporate misconduct, and on corporate eligibility for cooperation credit in the context of government investigations. Read the...
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