Noam Fischman

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An experienced healthcare litigator and go-to trial lawyer, Noam Fischman is a trusted guide for healthcare providers, pharmaceutical companies, life sciences companies, and related healthcare vendors, leading clients through cases in federal and state courts, government investigations, and matters involving regulatory agencies. Noam has a specific focus on managing risk related to fraud and alleged false claims, and fiduciary duty-related issues. He represents hospitals and hospital systems, behavioral health centers, ambulance companies, and skilled nursing facilities.

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Teva FCA Decision Sheds Light on Varying Interpretations of the Elements of an FCA Claim

By Noam Fischman and Lauren Gandle on Posted in Fraud & Abuse & False Claims Act, Healthcare Litigation
How could alleged kickbacks threaten to render insolvent a publicly traded company with assets (taken from its latest SEC filing) in excess of $43 billion? The answer stems from a recent decision by the United States District Court for the District of Massachusetts. In its ruling denying the motion for summary judgment filed by defendants … Continue Reading

OIG Issues Information Blocking Penalties Final Rule: Health IT Developers and Health Information Exchanges/Networks Have a Million Reasons to Care

By Jordan Cohen, Noam Fischman and Elizabeth F. Hodge on Posted in Electronic Health Records & Medical Records, Fraud & Abuse & False Claims Act, Technology
On June 27, 2023, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued its long-anticipated final rule amending the OIG’s civil monetary penalty (CMP) regulations as they relate to information blocking (CMP Final Rule or Rule). The CMP Final Rule was published in the Federal Register on July 3, 2023. … Continue Reading

The Supreme Court Clarifies the Government’s FCA Dismissal Power and Invites Constitutional Challenge to the FCA’s Qui Tam Provision

By Noam Fischman and Jeremy Burnette on Posted in Fraud & Abuse & False Claims Act
For the second time this month, the United States Supreme Court addressed a circuit split involving the False Claims Act (FCA, 31 U.S.C. §§ 3729 – 3733). Earlier, in the SuperValu decision (discussed in a recent Health Law Rx Blog), the Court clarified that subjective intent is relevant in determining whether an objectively reasonable (but … Continue Reading

SafeCo No More: The Changing Landscape of Scienter under the False Claims Act

By Noam Fischman and Ayman Rizkalla on Posted in Fraud & Abuse & False Claims Act, Healthcare Litigation
Yesterday, the United States Supreme Court held that a False Claims Act (FCA) defendant cannot rely on an objectively reasonable interpretation of a law, regulation, or rule to negate the scienter element of the FCA. In United States ex rel. Schutte v. SuperValu Inc., the Court emphasized the importance of a defendant’s subjective belief in … Continue Reading

The Trebling Effect of (Some) False Claims Act Trials

By Noam Fischman and Lauren Gandle on Posted in Fraud & Abuse & False Claims Act, Healthcare Litigation
There are multiple components to the risk defendants must consider when faced with going to trial for a matter involving the False Claims Act (FCA). Setting aside the incalculable impact that litigation can have on business operations, the statute itself anticipates repayment of the proven overpayment, treble damages, and exposure to a civil statutory penalty … Continue Reading

State Attorneys General Flex in a Post-Dobbs world – can complying with federal regulatory guidance constitute racketeering activity?

By Noam Fischman and Lauren Gandle on Posted in Healthcare Law, Pharmacy, Drugs, Medical Devices & Equipment
Are State Attorneys General expanding their reach in this Post-Dobbs world? On February 1, 2023, twenty state Attorneys General signed letters to both CVS and Walgreens warning the giant retail pharmacies against mailing medications that could potentially be used to induce abortions. These letters are most notable for the legal posture they assume. The state … Continue Reading

Mind Games: SCOTUS to Rule on what “Knowing” Means under the False Claims Act 

By Jordan Cohen and Noam Fischman on Posted in Fraud & Abuse & False Claims Act, Uncategorized
What does it mean to “knowingly” or “recklessly” violate the law when that law consists of highly complex and ever-changing regulations, which may be open to interpretation? The U.S. Supreme Court recently agreed to review that question in two consolidated cases from the Seventh Circuit: U.S. ex rel. Tracy Schutte, et al. v. SuperValu Inc., … Continue Reading

Important Update: Georgia Abortion Law Remains in Effect Until Judicial Review

By Noam Fischman, Jeremy Burnette and Lauren Gandle on Posted in Healthcare Litigation
Ruling on the State of Georgia’s November 18, 2022 Emergency Petition for Supersedeas, this past Wednesday (November 23, 2022) the Georgia Supreme Court enjoined the lower court’s decision thereby reinstating the prohibitions on abortion in Georgia codified by the LIFE Act.  Briefly, the LIFE Act prohibits abortive care once cardiac activity is detectable in an … Continue Reading

Breaking News: Georgia Court Overturns State Abortion Law

By Noam Fischman, Jeremy Burnette and Lauren Gandle on Posted in Healthcare Litigation
On June 24, 2022, the United States Supreme Court issued its seminal decision on abortion, Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and the right to terminate a pregnancy before viability, which Roe had seemingly codified. The Supreme Court’s decision fundamentally altered the constitutional landscape of a woman’s right to make reproductive … Continue Reading

Recent FCA Settlements Warn Providers of Improper Billing Practices

By Noam Fischman and Lauren Gandle on Posted in Fraud & Abuse & False Claims Act
Two recent multi-million dollar False Claims Act (“FCA”) settlements demonstrate the vigor with which the Department of Justice (“DOJ”) is investigating and prosecuting allegedly fraudulent health care billing practices.  These large settlements demonstrate how imperative it is that providers routinely review billing practices with the guidance of counsel.… Continue Reading
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