Milwaukee Employment Law Blog

Many people in the Milwaukee area rely on medical device suppliers to provide needed equipment for their ongoing care. Home oxygen supplies are often necessary for individuals with respiratory conditions, including many forms of chronic obstructive pulmonary disease, to facilitate breathing. Medicare covers the rental costs for many patients who use stationary or portable equipment to supply oxygen.

The rules allow Medicare to cover the costs of rental equipment during the first 36 months with few restrictions on the need for the equipment. Once that period has lapsed, Medicare requires proof that the oxygen equipment is necessary and that the patient is actually using the equipment. A recently settled lawsuit alleged that a home medical equipment supplier in the Southwestern United States billed Medicare without the necessary proof that patients needed or used the equipment. The lawsuit further alleged the company may not have even provided oxygen to some patients, but billed Medicare for reimbursement anyway.

There were two powerful narratives that made Lance Armstrong into a transformative athlete. He was not only the world's greatest cyclist, winning the Tour de France a record seven consecutive times, but he was also a cancer survivor who was an inspiration to people around the world.

There was a secret third narrative, however: Lance Armstrong was one of the best cheaters and liars the world has ever seen. His years-long doping scheme enabled him to deceive the public and to wear the yellow jerseys at the front of those thrilling races. Armstrong recently agreed to pay $5 million to settle False Claims allegations stemming from his admitted doping and cheating.

Fraudulent billing practices to directly increase products often seem to be the focus of healthcare fraud lawsuits. However, as a recent settlement under the False Claims Act (FCA) highlights, healthcare fraud issues may be somewhat more indirect. A former quality control analyst for a medical device manufacturer noted defects in a device that ultimately cost taxpayers money, according to the Department of Justice.

Defective diagnostic testing devices were often used in emergency rooms

A two-hour drive north of Milwaukee brings you to De Pere. The historic town sits on the Fox River just minutes south of the picturesque shores of Green Bay. The town has recently been embroiled in a dispute over an anti-discrimination ordinance it passed last year.

At first blush, the controversy might be mystifying. After all, the ordinance offers workplace protections to transgender people, and also prohibits denying them access to housing. While all of that might seem reasonable, a group of Du Pere churches and a Christian radio station filed a lawsuit that asks the court to dismiss the ordinance as unconstitutional or to more narrowly define the measure.