In This Issue:

- Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars

- Words can come back to haunt you: Boilerplate pleading could lead to inadvertent waiver of attorney-client privilege

- Pharmaceutical manufacturers beware: HHS OIG issues warning about copay coupon programs

- Excerpt from Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars:

Under a little-known provision of the Patient Protection and Affordable Care Act (“ACA”), healthcare providers could face millions of dollars in liability for failing to reimburse the government for overpayments in a timely manner. Pursuant to this “reverse false claims” provision as amended by the ACA, providers now have only 60 days from the moment they identify an overpayment to reimburse the government. While much has been written about this amendment, and many concerns have been raised by providers and commentators alike, the federal government has recently demonstrated its willingness to enforce this provision and hold providers to this 60-day standard.