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False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more

1/15/2014 - Calculation of Damages Cause Theory CMS Compliance DOJ False Claims Act Federal Contractors FERA Fines First-to-File Fraud Halliburton Healthcare Medicare Mortgage Abuses Off-Label Use Overpayment Pharmaceutical Physician Medicare Reimbursements Prescription Drugs Public Disclosure Qui Tam Wells Fargo Whistleblowers WSLA

Rakoff Decision Supports Feds’ Broad Application of FIRREA

On August 16, 2013, Judge Jed S. Rakoff of the Southern District of New York issued a ruling in in United States v. Countrywide Financial Corp., No. 12 Civ. 1422, that will likely be relevant to any financial institution...more

8/28/2013 - False Claims Act Fannie Mae FIRREA Freddie Mac Loans Mortgages

The First Circuit Joins the D.C. Circuit in Hampering Relators’ Ability to Bring Duplicative Actions Under the False Claims Act’s...

The First Circuit has become the fourth federal court of appeals to address whether a first-filed yet insufficient complaint still qualifies as a pending action under the first-to-file rule of the False Claims Act....more

6/4/2013 - False Claims Act First-to-File Fraud Notice Requirements Pleading Standards

OIG Issues Revised Provider Self-Disclosure Protocol

On April 17, 2013, the Office of Inspector General (OIG) of the United States Department of Health and Human Services (HHS) revised its Provider Self-Disclosure Protocol (SDP), originally published in 1998, and updated in...more

5/2/2013 - Amended Regulation False Claims Act OIG Self-Disclosure Requirements

Courts of Appeals Continue to Limit the Government’s Aggressive False Claims Act Theories

This spring saw two significant victories for health care providers in the federal courts of appeals. In both cases, the courts rejected an aggressive government theory under the False Claims Act (FCA), the first related to...more

4/23/2013 - CIGNA Damages Diagnostic Tests False Claims Act FLSA Medicare MedQuest Physicians Supervision

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