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
Just three months ago, the Department of Justice announced a record year for False Claims Act recoveries totaling more than $5 billion – including $2.3 billion from health care defendants alone. Helping contribute to these recoveries was another record: over 700 whistleblower cases filed in 2014. Yesterday, as part of... Continue Reading →Tags: 2016, budget, Department of Justice, DOJ, Reverse False Claims
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