Up the Creek Without a Regulation

Posted on February 16, 2015 in Litigation Handbook, Reverse False Claims, Statutes and Regulations

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by David B. Honig and Brian C. Betner CMS Announces Further Delay of Repayment Rule To be published in the February 17, 2015 Federal Register, CMS has extended its deadline for finalizing the Affordable Care Act’s (“ACA”) 60-day payback rule. This is the rule that requires a Medicare or Medicaid provider to return... Continue Reading →

Tags: CMS, False Claims Act, regulation, retained overpayment, Reverse False Claims

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DOJ Seeks to Nearly Double Health Care Fraud Litigation Budget for 2016

Posted on February 4, 2015 in Government Intervention, Legal Updates

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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

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DOJ Intervenes in Retained Overpayment Suit

Posted on June 30, 2014 in Government Intervention, Legal Updates, Reverse False Claims

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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

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