Comprehensive Health Reform Expands Health Care Fraud and Abuse Law

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On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (PPACA). By week’s end, the House and Senate had also both passed the Health Care and Education Reconciliation Act of 2010 (the Reconciliation Bill), which makes certain changes to the PPACA. In addition to its landmark provisions relating to health care access and delivery, the PPACA makes significant changes to health care fraud and abuse laws that will no doubt intensify the risks and consequences of enforcement actions for years to come. The PPACA continues the expansion of the False Claims Act (FCA) that began with the Fraud Enforcement and Recovery Act of 2009 (FERA) and amends key provisions of other powerful anti-fraud and abuse statutes as well. Beyond these substantive changes, the PPACA provides the government with new enforcement tools and enhances both criminal and administrative penalties for noncompliance.

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