In a judicial opinion certain to rock the provider world, Judge Edgardo Ramos of the Federal District Court for the Southern District of New York denied a New York Health System’s (“Health System”) motion to dismiss the U.S.’s and New York State’s complaints in intervention under the federal False Claims... Continue Reading →Tags: False Claims Act, FCA, FERA, HealthFirst, Ramos, reverse false claim
The recent amendments to the False Claims Act, the Fraud Enforcement Recovery Act of 2009 (“FERA”), the Patient Protection and Affordable Care Act of 2010 (“PPACA”) and the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) continue to generate new rules and guidance. Effective 2007, Congress created incentives for states to pass... Continue Reading →Tags: Dodd-Frank, False Claims Act, FCA, FERA, HHS, OIG, PPACA
by David B. Honig Can the False Claims Act be used by the government or whistleblowers in quality of care cases? The Department of Justice seems to think so, based in significant part on the retention of overpayments amendments to the FCA by FERA and the PPACA. 1 If... Continue Reading →Tags: False Claims Act, FERA, health, health care, hospital, liability, malpractice, overpayment, peer review, PPACA
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
The Fraud Enforcement Recovery Act of 2009 (“FERA”) was enacted on May 20, 2009. Among other things, FERA significantly amended the False Claims Act (“FCA”) to make it easier for whistleblowers to bring claims against Medicare and Medicaid providers and other government contractors. It also created an entirely new type... Continue Reading →Tags: False Claims Act, FERA, Landgraf, Omnicare, overpayment, PPACA, retention, Stone