Various dynamics at play in the health care industry are likely to contribute to disputes uniquely suited for resolution through mediation and arbitration. If the Patient Protection and Affordable Care Act (PPACA) survives attacks in the courts, continued consolidation and reorganization among health care industry participants will likely occur. Moreover, Congress has significantly enhanced the federal government’s ability to pursue fraud claims, and the U.S. Department of Justice (DOJ) is devoting substantial attention to investigations and prosecution of criminal and civil cases involving alleged health care fraud.
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