Where the relator in a qui tam action has requested production of all communications the defendant has had with the U.S. Department of Justice, the Health and Human Services Office of the Inspector General and the Centers for Medicare and Medicaid Services, that request should be allowed, as the request was not untimely, nor are the requested communications irrelevant, privileged, or burdensome to produce.
“This is a qui tam action alleging that a pharmaceutical company unlawfully provided free business advisory services to physicians who prescribed its medications, in violation of the Anti-Kickback Statute (‘AKS’), 42 U.S.C. §1320a-7b(b), and caused physicians to submit false claims for reimbursement to Medicare in violation of the False Claims Act, 31 U.S.C. §3729(a). Relator Julie Long alleges that Janssen Biotech, a company that manufactures and sells two infusible drugs, Remicade and Simponi ARIA, improperly employed teams of practice advisors, including relator, and hired outside consultants to provide services such as presentations, advice, and customized analyses to doctors to assist them in running profitable infusion businesses (‘in-office infusion suites,’ or ‘IOIs.’). …
“This court previously allowed realtor’s request for whatever information Janssen disclosed to the U.S. Department of Justice (‘DOJ’) regarding this action; whether Janssen ever sought guidance or an advisory opinion from the Health and Human Services Office of the Inspector General (‘HHS-OIG’);...
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