False Claims Act Penalties Will Substantially Increase under New Interim Final RuleDavid M. Nadler
Represented theOrange County Health Care Agencyin a DOJ civil False Claims Act investigation and settlement of Medicare and medical billing issues. Representedadefense contractorin an action alleging violations of the False Claims Act, breach of contract and fraud based on conduct in Iraq. Successfully...
A complete overview of the Federal false claims act (FCA) - the secret weapon of of the Govt. used to combat fraud and incentivize whistleblowers. See the important parts of this litigation tool explained simply.
There is also a criminal FCA, which can levy punitive measures such as imprisonment upon individuals, in addition to civil penalties. Unique to the FCA’s structure is the right of private citizens – often referred to as “relators” or “whistleblowers” – to pursue FCA claims on beha...
claims, the disclosures by definition will position the government to start investigating potential misconduct far closer in time to its occurrence than in other situations—even ones, such as the healthcare overpayment context, in which reporting to the government is required. The proposed FAR rule...
government, then theHealthcare, Government Contracts and Grantis generally eligible for a financial reward – usually between 15% and 30% of the amount recovered. False Claims Act laws also prohibit whistleblower retaliation and provide a robust set of remedies to whistleblowers who suffer on the...
1) FederalFalseClaimsAct Oneoftheprimarypurposesoffalseclaimslawsistocombatfraudandabuseingovernmenthealthcareprograms.Underfalseclaimslaws,thegovernmentcanbringcivilactionstorecovermonetarydamagesandpenaltieswhenhealthcareproviderssubmitfalseclaimsforpaymentoffundsbythefederalgovernment.Theselawsoftenpermitquitamsuitsaswell...
The False Claims Act enables a private citizen with unique knowledge of fraud committed against the federal government (such as health care fraud, contract fraud, and tax fraud) to file a lawsuit under seal (not accessible to the public) seeking treble (triple the amount) damages on behalf ...
MemoHealth Care ProvidersIL-NDImplied CertificationInterventionKnowledge/ScienterLegislationMaterialityMedical NecessityMedicare AdvantageMedicare/MedicaidMotion to DismissOriginal SourceOverpaymentsPenaltiesPharmaciesPrivate EquityProvidersPublic DisclosureReportsRetaliationReverse False ClaimsRule 12(b)(6)Rule 9(b)...
There have been several other notable developments in state-level false claims legislation in the first half of this year. InMontana, the legislature passed a law in April that changes the order of priority according to which damages and penalties not paid toqui tamrelators are to be disbursed ...