A civil investigative demand (CID) is a tool, like a subpoena, that the government uses to obtain documents and information to investigate potential violations of the False Claims Act.Continue Reading False Claims Act Fundamentals: How to Respond to a Civil Investigative Demand
The False Claims Act, 31 U.S.C. § 3729, et seq. is the federal government’s primary and most effective tool for fighting fraud. This post provides an overview of the elements that plaintiffs must satisfy to establish liability under the False Claims Act and common defenses related to the elements.
Continue Reading False Claims Act Fundamentals: Elements of the False Claims Act
A relator is a private person or entity who files a False Claims Act (FCA) lawsuit on behalf of the United States in exchange for receiving a portion any recovery from the defendant. The FCA was enacted in 1863 in response to defense contractors defrauding the Union Army during the Civil War. But, it wasn’t until 1986, when Congress supercharged the FCA by incentivizing more private whistleblowers to file lawsuits on behalf of the government, that the FCA became the Department of Justice’s (DOJ) primary enforcement tool for combatting fraud against the government.
Continue Reading False Claims Act Fundamentals: What Is a Relator?
The False Claims Act, 31 U.S. C. § 3729, et seq., is the federal government’s most important and most effective tool for fighting fraud. This post provides a high-level overview of the False Claims Act and highlights key aspects of this statute.
Continue Reading False Claims Act Fundamentals: What Is the False Claims Act?
It is safe to say that 2020 has been nothing short of challenging for the healthcare industry, especially when it comes to maintaining data privacy and security. Among countless other areas, the impact of COVID-19 has resulted in a spike in telehealth options, creating more vulnerabilities for the security of patient data. More than ever,
Please join us for the 6th Annual Nashville Healthcare Fraud Conference hosted by Bass, Berry & Sims and the Tennessee Hospital Association. Because we are unable to provide an in-person forum due to ongoing concerns resulting from the COVID-19 pandemic, we are converting the conference to a virtual platform.
We are excited about this year’s complimentary CLE program, which will provide the same caliber of practical advice, insight into significant fraud and abuse issues facing healthcare professionals, and thoughtful discussion from industry panelists for which this conference is known.
Additionally, for the first time, we are expanding the conference to two days with the first day focused on providing a primer, covering healthcare fraud and abuse matters for attorneys newer to the industry or practice. Topics will include conducting effective internal investigations and an overview of the False Claims Act.
The second day will follow our traditional format of providing practical tips and takeaways regarding healthcare fraud enforcement, including:
Click here to view the current agenda.
At the conclusion of the conference on December 3, we will be offering breakout sessions to further the dialogue on subject matters important to you. Please be on the lookout for communications regarding breakout session details.Continue Reading [REGISTER NOW] Healthcare Fraud Conference | December 2-3, 2020
In addition to the United States Department of Justice’s recently issued guidelines related to cooperation in FCA enforcement actions, the Department of Justice (DOJ)’s Criminal Division recently revised its guidance pertaining to assessment of corporate compliance programs. The revised guidance will inform DOJ’s approach to criminal investigations, charging decisions, plea agreements, and sentencing in cases involving alleged corporate noncompliance or wrongdoing.
DOJ previously published guidance on its evaluation of corporate compliance programs in 2017. As with the previous version, the revised guidance eschews a “rigid formula” for assessing compliance programs.Continue Reading DOJ Asks “Fundamental Questions” of Corporate Compliance Programs