Recent Changes to Federal False Claims Act Have Sweeping Implications For Healthcare Organizations

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On May 20, 2009, President Obama signed into law the Fraud Enforcement and Recovery Act of 2009 (“FERA”). FERA considerably expands the range of conduct subject to liability under the federal False Claims Act (the “FCA”). As a result, FERA will have significant implications for healthcare providers, health plans and other healthcare organizations doing business directly with the federal government or with recipients of federal funds. FERA also amends the FCA in certain procedural areas and expands whistle-blower protection against retaliation.

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