Tag Archives: Ericka Aiken

Lessons from Hospital Criminal Prosecution for Larger Health Systems and Provider Groups

by Ericka Aiken, Kevin Lamb, and Audrey Sapirstein

From Left to Right: Ericka Aiken, Kevin Lamb, and Audrey Sapirstein. (Photos courtesy of Wilmer Cutler Pickering Hale and Dorr LLP)

Introduction

On January 8, 2025, the U.S. Department of Justice (DOJ) announced that a federal grand jury indicted the Chesapeake Regional Medical Center (CRMC) in Virginia for conspiracy to defraud the United States and health care fraud. In this rare move, DOJ seeks to hold a hospital criminally responsible for alleged fraudulent conduct committed by a physician at the hospital. The indictment alleges that from 2010 to 2019, CRMC and a former obstetrician-gynecologist with surgical privileges at CRMC conspired to defraud the government by performing medically unnecessary operations, submitting inaccurate and false bills, and failing to comply with applicable rules and regulations. According to the indictment, CRMC received approximately $18.5 million in reimbursements from health care benefit programs over that time for procedures performed by the former physician at the hospital.

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The National Rapid Response Strike Force: Reinforcing DOJ’s Commitment to Targeting Health Care Fraud

by David W. Ogden, Ronald C. Machen, Stephen A. Jonas, Ericka Aiken, Cadene Russell Brooks, and Athena Katsampes

On September 30, 2020, the United States Department of Justice (“DOJ”) announced the creation of the National Rapid Response Strike Force (“NRR Strike Force”) within the DOJ’s Health Care Fraud Unit.  The announcement was made in connection with the DOJ’s press release on the largest health care fraud and opioid enforcement action in DOJ history.  Continue reading

Speaker Programs and the Pharmaceutical Industry

by Stephen A. Jonas, Ericka Aiken, and Athena Katsampes

In December 2019, Teva settled with DOJ for $54 million to resolve False Claims Act (FCA) allegations that, among other things, Teva induced physicians to write prescriptions for drugs that treat multiple sclerosis and Parkinson’s disease by paying them as “speakers” or “consultants” in connection with sham speaker programs and events.  The Teva settlement was one of a wave of settlements in 2019 that involved allegations of pharmaceutical companies improperly compensating physicians through sham speaker programs. 

Speaker and educational programs are common tools by which pharmaceutical companies pay healthcare providers, including doctors and nurse practitioners, to speak about the benefits, risks, and best practices of prescribing companies’ drugs.  While most frequently intended to educate the medical community, these programs could give rise to liability under the federal Anti-Kickback Statute (AKS) and FCA if used by companies to induce providers to write prescriptions for companies’ drugs. Continue reading