Qui Tam Quarterly - Data on Defense: Invalidating FCA Allegations Based on Statistical Sampling and Extrapolation

K&L Gates LLP

Statistical sampling and extrapolation have become accepted tools for establishing damages in health care administrative proceedings and False Claims Act (FCA) litigation over the past 30 years.

Key Takeaways -

1. The government has been dramatically increasing the use of data mining to identify potential health care fraud and data analysis to support liability and damages in False Claims Act cases.

2. One of the primary tools the government uses to assert FCA liability and damages based on claims data is the statistical sampling and extrapolation process.

3. Understanding the legal standards and challenges to improper use of statistical sampling and extrapolation is critical to defending FCA allegations based on data analysis.

Please see full Newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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K&L Gates LLP

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