On January 12, 2017, the Department of Health and Human Services Office of Inspector General (“OIG”) published the “Health Care Programs: Fraud and Abuse; Revisions to the Office of Inspector General’s Exclusion Authorities” Final Rule (“Final Rule”) revising and expanding its authority to exclude individuals and entities from participation in... Continue Reading →Tags: Abuse, ACA, Affirmative, Affordable Care Act, Authority, Changes, DOJ, Early reinstatement, Exclusion, Expand, False Claims Act, FCA, Final Rule, fraud, HHS, OIG, Permissive, regulation, Reinstatement, Revisions, update
With the passing of the Affordable Care Act (“ACA”), False Claims Act (“FCA”) observers noted the imminent filing of cases alleging violations of the ACA’s amendments to the FCA or “reverse” false claims. Such claims are per se false claims under the FCA and arise when a government contractor or health... Continue Reading →Tags: 60-day Rule, ACA, DOJ, Intervention, New York, Retained Overpayments, Reverse False Claims, Second Circuit
This Thursday, June 28, 2012, the United States Supreme Court will decide the fate of the Patient Protection and Affordable Care Act, aka “Obamacare.” In so doing, it may also make significant changes in one of the newest and most complicated amendments the False Claims Act, with results that are... Continue Reading →Tags: 60, ACA, deadline, False Claims Act, FCA, FERA, grace period, Obamacare, pleading, PPACA, retention of overpayments, sixty, Supreme Court