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John E. Kelly

Reporter · US

Indexed articles, last 90 days
3
Latest publication
Sep 10, 2026
Outlet visibility, for Mondaq
Top 500K sites
Earliest in this view
Jul 23, 2026

Latest articles

  1. Article · Sep 10, 2026 · John E. Kelly

    The Villages Health System $541.5 Million Settlement: A New Frontier In Medicare Advantage Risk Adjustment Enforcement (opens the original)

    Excerpt · English

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    Under the Medicare Advantage (MA) program — also known as Medicare Part C — Medicare beneficiaries may elect to receive their Medicare benefits through private health plans offered by MAOs rather than traditional Medicare. The Centers for Medicare & Medicaid Services (CMS) pays MAOs a monthly capitated amount for each enrolled beneficiary. CMS adjusts these payments based on “risk” factors affecting expected healthcare costs: in general, MAOs receive higher payments for sicker beneficiaries and

  2. Article · Sep 4, 2026 · John E. Kelly

    Back To Status Quo: Eleventh Circuit Upholds FCA’s Qui Tam Provisions Against Appointments Clause Challenge (opens the original)

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    On Sept. 1, 2026, the Eleventh Circuit held in United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, that the FCA’s qui tam provisions do not violate the Appointments Clause of Article II of the U.S. Constitution. No. 24-13581, 2026 WL 2581886 (11th Cir. Sept. 1, 2026). The Eleventh Circuit specifically held that qui tam relators are not “Officers” subject to the Appointments Clause because they do not occupy a “continuing position” established by law. In so holding, the Eleventh Circuit reve

  3. Article · Jul 23, 2026 · John E. Kelly

    Preparing For The Pharma Fraud Enforcement Surge (opens the original)

    Excerpt · English

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    Partners John Kelly and Jacquelyn Papish co-authored an article for pharmaphorum entitled "Preparing for the Pharma Fraud Enforcement Surge." The article noted that pharmaceutical companies can no longer treat compliance as a check-the-box exercise with Department of Justice False Claims Act (FCA) settlements and judgments reaching a record-breaking $6.8 billion in fiscal year 2025. "Approximately $5.7 billion of that total stemmed from healthcare matters, with $3.7 billion arising from enforcem

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