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The Healthcare Policy Statements and "Safety Zones" In 1993, 1996, and 2011, the DOJ and the Federal Trade Commission (FTC) jointly issued several policy statements for the healthcare industry. May 23, 2023 On February 3, 2023, the U.S. Department of Justice's Antitrust Division (DOJ) announced the withdrawal of three well-established policy statements that have provided key guidance concerning antitrust enforcement in the healthcare industry-and information sharing among competitors more broadly. [Extracted from the article]

Part 2 in our False Claims Act series explores the civil investigative demand (CID) as the powerful tool of choice for the U.S. Department of Justice (DOJ) investigating potential violations of the False Claims Act (FCA). CIDs: An Overview Simply stated, a CID is a request for records and information issued by the government in connection with a federal FCA investigation. But the receipt of a CID can also present an opportunity to open a respectful and productive dialogue with the government; negotiate different (and, hopefully, less arduous) parameters for the CID; and, where appropriate, educate the government about why it may be focusing on the wrong person. [Extracted from the article]

On the heels of that indictment, in January 2021, the DOJ issued its first indictment for a no-poach agreement. Recent DOJ Indictments The December wage-fixing indictment was obtained against the president of a physical therapist staffing company that contracted with individual physical therapists to provide in-home physical therapy services to home health agencies. Despite the strong warning to employers in 2016, years passed without the DOJ bringing criminal charges based on wage-fixing or no-poach agreements. [Extracted from the article]