False Claims Act (“FCA”) settlements reached record-breaking numbers in fiscal year 2023. The majority of the settled FCA actions involved the healthcare industry, with $1.8 billion attributed to settlements related to managed care providers, hospitals, pharmacies,...
Legal News
Anti-Kickback Causation Standard Leads to Circuit Split
A split continues among the federal appellate courts on the proper causation standard to apply in False Claims Act ("FCA") cases that are based on the Anti-Kickback Statute “AKS”). The split between courts is set to expand into the First Circuit, which will hear an...
The VA Correct Compensation Act of 2023
House Committee on Veterans’ Affairs Ranking Member Mark Takano (D-CA) and Chairman Mike Bost (R-IL) introduced the VA Correct Compensation Act (HR 6538), which amends existing law to allow for certain healthcare providers at the Department of Veterans Affairs (VA) to grieve errors in their compensation.
New Areas of Fraud Emerge Due to the Expansion of Telehealth
New Areas of Fraud Emerge Due to the Expansion of Telehealth What is Telehealth? Telehealth/telemedicine allows your doctor to provide care without an in-person office visit. Telehealth is primarily done online on patients’ computers, tablets, or smartphones....
Fighting Defense Contractor Fraud
Defense contractor fraud continues to be one of the most active areas of False Claims Act (qui tam) litigation in the U.S. This type of fraud generally occurs when defense contractors submit false claims to the government regarding the products they manufacture or the...
The False Claims Act’s Role in Cybersecurity Enforcement
On Octoberr 6, 2021, Deputy Attorney General Lisa O. Monaco announced a new Civil Cyber-Fraud Initiative through which the Department of Justice (“DOJ”) is able to utilize the False Claims Act (“FCA”) as a tool to enforce cybersecurity standards required of federal...
Hot Topics in Healthcare Fraud
In fiscal year 2022, health care fraud remained a leading source of False Claims Act settlements and judgments. These recoveries restore funds to federal programs such as Medicare, Medicaid, and TRICARE, the health care program for service members and their families....
False Claims Act Settlements and Judgments Exceed $2 Billion in Fiscal Year 2022
Settlements and judgments under the False Claims Act exceeded $2.2 billion in the fiscal year ending Sept. 30, 2022. The Government and whistleblowers were party to 351 settlements and judgments, the second-highest number of settlements and judgments in a single year....
Florida Bar Tackles ChatGPT and Legal AI
With new artificial intelligence (“AI”) programs seemingly appearing each day, many professional have become eager to utilize them to make their work more efficient. In the legal industry, these programs have raised numerous questions and concerns regarding the strict...