Judith Waltz Comments on Consumer Watchdog’s Suit Against Diagnostic Company

Foley & Lardner LLP partner Judith Waltz is quoted in the article, “Consumer watchdog sues diagnostic firm EpicGenetics, alleging misleading claims about fibromyalgia test,” discussing a lawsuit filed by a consumer watchdog group against a health care diagnostics company, alleging that the company is making false and misleading marketing claims.

The Centers for Medicare and Medicaid Services (CMS) had previously notified the company that it was temporarily suspending Medicare payments to cover the company’s tests based on “credible allegations of fraud” in 2021. Waltz, who is co-chair of Foley’s Health Care Practice Group, said in the case of payment suspensions, it can be hard to know whether government insurers have started or will start payment again.

“Because CMS considers them just a time out, so to speak, and they’re still processing claims, it’s not public information,” she added.

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