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Showing 5 posts in False Claims Act.

The Department of Justice (DOJ) continues to investigate and prosecute allegations of kickbacks involving health care professionals. Read More ›

As we close the books on 2015, we look towards 2016 and expect to see significant regulatory activity, developments, and case law in the coming year. We highlight some of the anticipated developments and areas of focus here. Read More ›

As those in the health care industry are well aware, the federal False Claims Act (FCA) imposes stiff penalties for each false claim submitted to the federal government, resulting in recoveries of over $2 billion in fiscal year 2014 relating to federal healthcare programs alone. In recognition of the highly fact-dependent analysis and per-claim liability, plaintiffs must allege fraud with particularity in FCA actions. However, while the FCA continues to attach liability at a claim-by-claim level, some district courts have shown an increased willingness to endorse plaintiffs' controversial use of statistical sampling and extrapolation of such samples to establish liability in FCA actions involving a large number of alleged false claims. Read More ›

On May 26, 2015, the Supreme Court of the United States answered two questions involving the False Claims Act (FCA). On its face, the case before the Court - Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter (KBR)1 - had nothing to do with health care. Instead, the underlying case involved alleged fraud by military contractors in Iraq. However, the answers provided by the Court could have a material impact on members of the health care industry facing investigations and litigation under the FCA. Read More ›

Federal and State False Claims Acts lawsuits are the primary anti-fraud enforcement tool used by the government in the health care industry. While civil in nature, liability sums assessed in False Claim Act (FCA) lawsuits may feel very punitive to defendants due to the treble damages and civil penalties provisions of the FCA. In FY 2014, the federal government collected $2.3 billion from FCA health care cases. Read More ›

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