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Kate Dion is a member of the firm’s Business Litigation Group and its Government Investigations, Corporate Compliance + Criminal Defense Practice Team. She regularly counsels health care entities in connection with health care compliance and fraud and abuse issues. She has assisted clients with government investigations involving agencies such as the United States Attorneys’ Office, the Department of Health and Human Services, the Drug Enforcement Agency, and local law enforcement. Read her full bio here.

The U.S. Department of Justice Civil Division (Department)  issued a Memo dated January 10, 2018 (Granston Memo), directing Department of Justice attorneys to more seriously consider dismissing False Claims Act (FCA) cases filed by whistleblowers.  The Granston Memo enumerated several factors that prosecutors should consider when evaluating dismissal of qui tam actions.   As the number of qui tam actions filed under the False Claims Act has substantially increased, the Granston Memo is an important tool in response to the strained government resources needed to evaluate, participate, and/or monitor these cases. 
Continue Reading Seeking Dismissal of False Claims Qui Tam Actions – Seven Factors Clarify the Standard of Dismissal Used By the Department of Justice

The Ninth Circuit affirmed two district court judgments dismissing ERISA actions brought by health care providers in DB Healthcare v. Blue Cross Blue Shield of Arizona, No. 14-16518, and Advanced Women’s Health Center v. Anthem Blue Cross Life & Health Insurance Co., No. 14-16612.  The health care providers’ argument was two-fold:  (1) health care providers were “beneficiaries” under Section 502(a) of ERISA, and thus could bring suit directly under ERISA; and (2) the plaintiffs in these cases could bring derivative claims under ERISA because the subscribers had assigned their claims under the plans to the plaintiffs.  The Court denied both these claims.
Continue Reading Ninth Circuit Denies Health Care Providers’ ERISA Claims

In Doe v. Mercy Catholic Med. Ctr., No. 16-1247 (March 7, 2015), the U.S. Court of Appeals for the Third Circuit held that a private teaching hospital operating a residency program can be held liable under Title IX for sex discrimination.

The plaintiff was a resident in Mercy’s accredited diagnostic radiology residency program, which is affiliated with Drexel University’s College of Medicine.  She claimed that the director of Mercy’s residency program sexually harassed her, and that the harassment interfered with her medical training.  The plaintiff also claimed that after she reported the director’s conduct to the human resources department, the director and other Mercy representatives subjected to her retaliatory behavior that eventually resulted in her dismissal from the program.  The plaintiff filed suit against Mercy alleging, among other things, quid pro quo sexual harassment, hostile environment sexual harassment, and retaliation in violation of Title IX. 
Continue Reading Third Circuit Holds that Medical Resident Can Bring Title IX Claim Against Private Teaching Hospital