The False Claims Act (FCA) remains one of the government’s most powerful tools in combating healthcare fraud, with a growing focus on opioid-related cases and violations of the Anti-Kickback Statute. Continue Reading False Claims Act Enforcement in Healthcare: Insights from the 13th Annual Fraud & Abuse Review
Whistleblower
The Surge in FCA Whistleblower Lawsuits: What’s Driving the Trend and What Comes Next?
By Matt Curley on
Whistleblower-driven False Claims Act (FCA) lawsuits are on the rise, raising critical questions about the factors fueling this trend and its potential impact on enforcement. Continue Reading The Surge in FCA Whistleblower Lawsuits: What’s Driving the Trend and What Comes Next?
Impact of Trump Administration’s Executive Order on DEI Programs and FCA Liability
By Denise Barnes & Scott Gallisdorfer on
Posted in Civil Investigative Demands, Civil Monetary Penalties, Compliance, Damages, Enforcement, FCA Alert, Government Contracts, Government Knowledge, Healthcare Providers, Hospitals, Knowledge/Scienter, Legislation, Materiality, Medicare/Medicaid, Penalties, Public Disclosure Bar, Retaliation, Whistleblower
As federal contractors and grant recipients navigate the changing landscape of diversity, equity, and inclusion (DEI) programs, the Trump administration’s rescinding of Executive Order No. 11246 (EO) raises new concerns about potential False Claims Act (FCA) liability for non-compliance.Continue Reading Impact of Trump Administration’s Executive Order on DEI Programs and FCA Liability
Executive Order on DEI Programs: Implications for Healthcare and False Claims Act Risks
The Trump administration’s recent executive order targeting diversity, equity, and inclusion (DEI) programs is reshaping the landscape for healthcare providers, with potential legal and regulatory implications that are still unfolding. Continue Reading Executive Order on DEI Programs: Implications for Healthcare and False Claims Act Risks
Success of Repeat Whistleblower in Recent FCA Settlement
By Matt Curley on
Posted in Settlement, Whistleblower
I commented on the success of serial whistleblower Cecilia Guardiola in her most recent False Claims Lawsuit (FCA) against a healthcare provider. Since 2007 she has secured at least four settlements totaling more than $43 million against healthcare companies; her cut of the settlements is estimated to be about $7.7 million.Continue Reading Success of Repeat Whistleblower in Recent FCA Settlement
Impact of Court Decision for Qui Tam Provisions of the FCA
By Bill Mathias on
Posted in Whistleblower
I discussed the impact of a September 2024 court decision related to qui tam provisions under the False Claims Act (FCA) in an article published by the Health Care Compliance Association (HCCA). The article outlines predictions concerning enforcement trends for 2025.Continue Reading Impact of Court Decision for Qui Tam Provisions of the FCA
United States Files First Complaint Under the Civil Cyber-Fraud Initiative
By Denise Barnes, Scott Gallisdorfer & Taylor Sample on
On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that the defendants knowingly failed to meet cybersecurity requirements in connection with certain Department of Defense (DoD) contracts in violation of the False Claims Act.Continue Reading United States Files First Complaint Under the Civil Cyber-Fraud Initiative
Use of Data in False Claims Act Cases and Other Litigation
By Denise Barnes on
Posted in FCA Deep Dive, Whistleblower
I recently co-authored an article for the Federal Bar Association’s Qui Tam Section examining the use of data in False Claims Act (FCA) cases and other litigation, with a particular focus on these cases within the healthcare industry. Continue Reading Use of Data in False Claims Act Cases and Other Litigation
Supreme Court Upholds Broad Government Authority to Dismiss Qui Tam False Claims Act Lawsuits
By Brian Irving on
On June 16, the U.S. Supreme Court issued its opinion in U.S. ex rel. Polansky v. Executive Health Resources, a closely watched case about the government’s power to dismiss a False Claims Act (FCA) qui tam lawsuit over a relator’s objection.Continue Reading Supreme Court Upholds Broad Government Authority to Dismiss Qui Tam False Claims Act Lawsuits
Supreme Court Review of Key FCA Issues
By John Eason on
For the February 2023 issue of the American Bar Association’s (ABA) Health Lawyer, the flagship publication of the ABA Health Law Section, I authored an article entitled “Recent False Claims Act Developments at the Supreme Court.”Continue Reading Supreme Court Review of Key FCA Issues