The False Claims Act, 31 U.S. C. § 3729, et seq., is the federal government’s most important and most effective tool for fighting fraud. This post provides a high-level overview of the False Claims Act and highlights key...more
The Department of Justice (DOJ) recently released its report detailing the settlements and judgments obtained in 2019 from civil cases involving fraud and abuse claims. As in years past, the substantial majority of these...more
1/28/2020
/ Appeals ,
Department of Justice (DOJ) ,
Dismissals ,
Durable Medical Equipment ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Final Judgment ,
Health Care Providers ,
Kickbacks ,
Medicaid ,
Medicare ,
Pleading Standards ,
Qui Tam ,
Relators ,
Reversal ,
Rule 9(b) ,
Settlement
This is the second post of a two-part discussion of FCA pleading standards and discusses the pleading requirements for connecting a fraudulent scheme to the submission of false claims. Read our previous post on the...more
The False Claims Act (FCA) continues to be the federal government’s primary civil enforcement tool for imposing liability on healthcare providers who defraud federal healthcare programs. A significant portion of FCA...more
A number of recent FCA decisions have grappled with the question of objective falsity, particularly in the context of FCA claims where the alleged falsity is premised on a lack of medical necessity in connection with the...more
In one of the few cases to apply the Supreme Court’s recent decision in Universal Health Services v. Escobar, the Seventh Circuit recently revisited and affirmed its prior rejection of an implied certification claim under the...more
11/30/2016
/ Colleges ,
Conditions of Payment ,
Corporate Counsel ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Higher Education Act ,
Materiality ,
Reaffirmation ,
Relators ,
Subsidies ,
Title IV ,
United States ex rel Nelson v Sanford-Brown ,
Universal Health Services Inc v United States ex rel Escobar