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False Claims Act (FCA) Proposed Amendments

Sheppard Mullin Richter & Hampton LLP

CMS Proposes to Amend Overpayment Rule-Questions Remain Regarding How the Rule Will be Implemented Should CMS Adopt the False...

On July 10, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule (“Proposed Rule”) in which it outlined proposed amendments to the suspension provisions and deadlines for reporting and returning...more

Holland & Knight LLP

Sen. Grassley Introduces Bipartisan False Claims Amendments Act of 2023

Holland & Knight LLP on

Continuing his long and storied history of pushing for stronger enforcement of the False Claims Act (FCA), Sen. Chuck Grassley (R-Iowa) recently led a bipartisan group of senators in introducing the False Claims Amendments...more

Dinsmore & Shohl LLP

Proposed FCA Changes Would Muddy Materiality Defense and Create Retaliation Remedy for Former Employees

Dinsmore & Shohl LLP on

For the second time in three years, amendments to the False Claims Act have been proposed in the U.S. Senate. If enacted, the amendments would create uncertainty for FCA defendants and expand the scope of the FCA’s...more

Bradley Arant Boult Cummings LLP

Bipartisan Senate Bill Seeks To Weaken the False Claims Act’s Materiality Standard

On July 25, 2023, U.S. Senator Chuck Grassley (R-IA), introduced a bill that aims to, among other things, make it easier for the government to satisfy the False Claims Act’s materiality requirement when the government has...more

Arnall Golden Gregory LLP

Senate Introduces Bill Amending False Claims Act Materiality Element and Anti-Retaliation Provision Expanding Liability

On July 25, 2023, Sens. Chuck Grassley (R-IA), Dick Durbin (D-IL), John Kennedy (R-LA), and Roger Wicker (R-MS) introduced the False Claims Amendments Act of 2023. The proposed amendment to the False Claims Act does not...more

Kohn, Kohn & Colapinto LLP

Bipartisan Amendments Introduced to Further Strengthen the False Claims Act

On July 25, 2023, Senator Chuck Grassley (R-Iowa) and Senator Dick Durbin (D-IL.) introduced amendments to the False Claims Act (FCA), a law that protects the federal government from fraud, saving taxpayers billions. The FCA...more

ArentFox Schiff

Investigations Newsletter: DOJ Issues Corporate Self-Disclosure Policy

ArentFox Schiff on

DOJ Issues Corporate Self-Disclosure Policy - The US Department of Justice (DOJ) released a Voluntary Self-Disclosure Policy that sets a consistent standard for corporate self-disclosures for all US Attorney’s Offices. The...more

ArentFox Schiff

Investigations Newsletter: Top Reasons for 2022’s Downward Trend in False Claims Act Recoveries

ArentFox Schiff on

Top Reasons for 2022’s Downward Trend in False Claims Act Recoveries - Following the US Department of Justice’s (DOJ) release of statistics regarding FCA settlements and judgments for the 2022 fiscal year, Law360 spoke...more

WilmerHale

Proposed Changes to CMS Regulations May Impact False Claims Act Liability for Medicare Overpayments

WilmerHale on

The Centers for Medicare & Medicaid Services (CMS) proposed a rule late last year that would impose standards on healthcare providers and suppliers to report and return overpayments from Medicare that mirror aspects of the...more

Steptoe & Johnson PLLC

CMS Proposes Amendment to Overpayment Rule

Steptoe & Johnson PLLC on

The Centers for Medicare and Medicaid Services (CMS) has proposed a new amendment that could significantly modify the standard governing identification of overpayments by providers....more

Bass, Berry & Sims PLC

False Claims Act Amendments Take More Direct Attack at Escobar and Pass Senate Judiciary Committee

Bass, Berry & Sims PLC on

As we have previously covered in a blog post dated August 25, 2021, the Senate is currently considering Senate Bill 2428, the False Claims Amendments Act of 2021 (FCAA), which would cause several significant changes that...more

Husch Blackwell LLP

Hospices and The False Claims Act: Proposed Amendment Would Increase Liability Risk

Husch Blackwell LLP on

The False Claims Act is a powerful enforcement tool used to go after those who defraud the government. Unfortunately, the wide net cast by the False Claims Act can lead to extremely negative consequences for upstanding...more

Troutman Pepper

How the U.S. Senate's Proposed Amendments to the Federal False Claims Act Could Influence State False Claims Acts Nationally

Troutman Pepper on

On October 28, 2021, a majority of members on the Senate Judiciary Committee voted 15-7 to advance to the full U.S. Senate a bipartisan bill that would make a number of amendments to the federal False Claims Act (FCA). These...more

Rivkin Radler LLP

New FCA Amendments Pass Judiciary Committee and Advance to Floor Vote

Rivkin Radler LLP on

On October 28, the Senate Committee on the Judiciary approved for consideration by the full Senate the False Claims Amendments Act of 2021 (“FCA-2021”). The primary sponsor of the bill (S. 2428) is Sen. Chuck Grassley (R-IA),...more

Goodwin

Senate Judiciary Committee Advances False Claims Act Amendment to Full Senate

Goodwin on

On October 28, a majority of members on the Senate Judiciary Committee voted 15-7 to advance to the full Senate a bipartisan bill that would make a number of amendments to the False Claims Act (“FCA”), including one that...more

Morgan Lewis

FCA Update from Morgan Lewis Team Recognized as Most Active FCA Defense Counsel

Morgan Lewis on

In a move that threatens to undermine some key defenses to liability under the False Claims Act, a bipartisan group of senators voted to advance the False Claims Amendments Act of 2021 (SB 2428) out of the Senate Judiciary...more

Kohn, Kohn & Colapinto LLP

The Real Effect of the False Claims Amendment Act of 2021

The Senate Judiciary Committee is currently considering amendments to the False Claims Act, a law originally passed during the Civil War that was modernized in 1986. The debate in the Judiciary Committee is being closely...more

Akin Gump Strauss Hauer & Feld LLP

FCA Proposal Is Unfair And Would Hinder Economic Growth

As American industry moves toward building back better in the face of a continuing pandemic, Sens. Chuck Grassley, R-Iowa, and Patrick Leahy, D-Vt., have introduced the False Claims Amendments Act of 2021, proposing revisions...more

Bass, Berry & Sims PLC

Changes Coming to the FCA?  Proposed Amendments Would Impact Materiality Analysis, Government Discovery, Among Other Issues

Bass, Berry & Sims PLC on

On July 26, Senator Chuck Grassley (R-IA) introduced a long-promised bill to amend the False Claims Act (FCA). Not-so-creatively entitled the False Claims Act Amendments Act of 2021 (S.B. 2428), the proposed legislation is...more

Mintz - Health Care Viewpoints

Senator Grassley and Others Propose Amendments to the False Claims Act

Last week, a bipartisan group of Senators led by Senator Chuck Grassley (R-Iowa) introduced two pieces of proposed legislation, one of which would amend the False Claims Act (FCA) and the other of which would amend the...more

Jones Day

District of Columbia Expands False Claims Act to Include Qui Tam Tax Fraud Actions

Jones Day on

The enforcement of the District's tax laws had previously been left exclusively to government agencies; a newly enacted bill will make the District one of a few jurisdictions to allow relators to bring qui tam suits alleging...more

McDermott Will & Emery

Plaintiffs’ Lawyers Descend as DC Considers False Claims Act Expansion Again!

McDermott Will & Emery on

The D.C. Council is once again preparing to consider legislation (B23-0035; the False Claims Amendment Act of 2019) that would authorize tax-based false claims actions, allowing private, profit-motivated parties to bring...more

McDermott Will & Emery

Tax Highlights of Proposed Illinois “Grand Bargain”

McDermott Will & Emery on

In an effort to resolve Illinois’ 20-month budget impasse, the Illinois Senate leadership (Senate Majority Leader John Cullerton and Senate Minority Leader Christine Rodogno) have jointly proposed a series of bills to...more

King & Spalding

Legislation Introduced in the House Would Amend the False Claims Act

King & Spalding on

On August 1, 2013, Reps. Howard Coble (R-N.C.) and David Scott (D-Ga.) introduced bipartisan legislation in the House that would amend the federal False Claims Act (FCA) by adding several procedural hurdles that make it more...more

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