Retained Overpayments Change the FCA Ball Game

Posted on May 5, 2013 in Case Analysis, Reverse False Claims

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— False Claims Act defense attorneys have been warning government contractors, particularly Medicare and Medicaid providers, of increased risks and a reduced ability to defend against whistleblower complaints since the passage of the Fraud Enforcement Recovery Act of 2009 (“FERA”). The greatest risk comes from FERA’s addition of a new... Continue Reading →

Tags: False Claims Act, FCA, Keltner, Lakeshore, Milwaukee, overpayment, qui tam, retained, whistleblower, Wisconsin

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April False Claims Act Update

Posted on April 15, 2013 in Legal Updates

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Introduction Three cases are addressed in a review of the False Claims Act decisions of the past month. The first, US v. Anchor Mortage Corp., is a significant Seventh Circuit case addressing the proper treble damages calculation under the statute. The second, US ex rel. Carter v. Halliburton, considers the application... Continue Reading →

Tags: Anchor Mortgage, Carter, False Claims Act, fraud, Halliburton, KBR, Keltner, overpayment, particularity, reverse false claim

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The False Claims Act and Quality of Care

Posted on February 13, 2013 in Legal Updates

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  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

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A Twenty Year Statute of Limitations?

Posted on March 15, 2012 in Statutes and Regulations

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Last month the Centers for Medicare & Medicaid Services (CMS) published proposed rules for reporting of overpayments. These proposed rules, if adopted and strictly interpreted, could effectively create a twenty-year statute of limitations under the False Claims Act.... Continue Reading →

Tags: 60 day, Centers for Medicare and Medicaid Services, CFR, CMS, CMS–6037–P, Code of Federal Regulations, False Claims Act, FCA, identification, overpayment, proposed rule, regulation, sixty day, statute of limitations, ten years

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UPDATED – Retention of Overpayments under FERA and the ACA

Posted on January 6, 2011 in Legal Updates

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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

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