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DOJ Reports Record Number of New False Claims Act Matters, Recoveries for 2023

Our False Claims Act (FCA) Team examines the Department of Justice’s increased focus on enforcement of the FCA, especially in health care matters. The DOJ initiated over 1,000 FCA matters in one year for the first time....more

CMS Reverses Course on Medicare Overpayment Rule

The Centers for Medicare & Medicaid Services has proposed to redefine what it means to “identify” a Medicare overpayment. The proposal would remove the requirement that providers, suppliers, managed care organizations, and...more

HHS Places Additional Limits on the Use of Guidance Documents

Our Health Care Litigation Group reviews a second rule in as many months from the Department of Health and Human Services regulating the use of its own guidance documents....more

DOJ Issues Guidance on Earning Credit to Reduce False Claims Act Liability

Our White Collar, Government & Internal Investigations Team examines the newest guidance from the Department of Justice on earning credit to reduce False Claims Act liability....more

DOJ Updates Guidance on Evaluating Corporate Compliance Programs

The Department of Justice Criminal Division revised and shuffled two-year-old guidance to help prosecutors evaluate corporate compliance policies when making charging decisions. Our White Collar, Government & Internal...more

Data Mining Relators: False Claims Act Cases Based on Analysis of Government Data

Our Government & Internal Investigations Team analyzes the use of data analytics by relators and the government in False Claims Act cases and other enforcement actions in the health care industry....more

DOJ Releases Guidance on Compliance Programs

In February 2017, the Fraud Section of the Department of Justice’s Criminal Division published guidance on how it assesses corporate compliance programs. This is the first formal guidance issued by the Fraud Section under the...more

Government & Internal Investigations Advisory: DOJ’s New FCPA Pilot Program Provides Roadmap for “Cooperation”

The Department of Justice (DOJ) on April 5 announced a new, one-year pilot program for companies to self-report Foreign Corrupt Practices Act (FCPA) violations. The announcement comes amid other increased FCPA enforcement...more

U.S. v. AseraCare and the Standard of Falsity Under the False Claims Act

Prosecutors, defense attorneys and health care providers alike have been closely watching the U.S. v. AseraCare (No. 2:12-cv-00245) matter pending in the Northern District of Alabama. The AseraCare case relates to hospice...more

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