60-Day Overpayment Rule Released

Posted on February 11, 2016 in Legal Updates, Retained Overpayments, Reverse False Claims, Statutes and Regulations

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CMS has released its final 60-Day Overpayment Rule, providing clarity to the 2010 Affordable Care Act (“ACA”) amendment to the False Claims Act (“FCA”) that created FCA liability for failure to repay identified overpayment within 60 days. This is a long-awaited rule that provides essential clarity to an amendment that,... Continue Reading →

Tags: CMS, False Claims, False Claims Act, FCA, Retained Overpayments, rule

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False Claims Act Update – Public Disclosure and Original Source

Posted on October 28, 2014 in Case Analysis, Legal Updates, Public Disclosure Bar

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Several FCA opinions have been issued since the last FCA Update. The most interesting is a District of Nevada case, US ex rel Guardiola v Renown Health. Renown Health was the parent company for two other corporate defendants that provided acute health care services. The relator was Renown’s Director of Clinical Compliance. She... Continue Reading →

Tags: 2010, AstraZeneca, Bristo-Myers Squibb, direct and independent, direct knowledge, False Claims, FCA, Guardiola, independent knowledge, jurisdiction, original source, public disclosure, RAC, Renown, Schumann

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