On February 7, the Department of Justice (DOJ) issued a press release indicating that settlements and judgments under the False Claims Act (FCA) exceeded $2.2 billion in the fiscal year ending September 30, 2022. Of this total, over $1.7 billion came from claims involving the healthcare industry.
Continue Reading False Claims Act Settlements to Know from Q1 2023Bass, Berry & Sims Notches Wins for Clients in Trio of False Claims Act Qui Tam Lawsuits
Bass Berry & Sims recently secured dismissals on behalf of healthcare providers in three separate False Claims Act (FCA) qui tam lawsuits in a matter of a week’s time.
Continue Reading Bass, Berry & Sims Notches Wins for Clients in Trio of False Claims Act Qui Tam LawsuitsSixth Circuit Reins In Anti-Kickback Statute
On March 28, the Sixth Circuit issued an important decision on the meanings of “remuneration” and “causation” under the Anti-Kickback Statute (AKS), holding that remuneration “covers just payments and other transfers of value” and not “any act that may be valuable to another,” and that to establish False Claims Act (FCA) liability based on AKS violations, a relator or the government must prove a causal link between the alleged kickback scheme and the alleged false claim.
Continue Reading Sixth Circuit Reins In Anti-Kickback StatuteDOJ Focus on Medicare Advantage Insurers and FCA Liability
In a recent article for AIS Health – RADAR on Medicare Advantage, I discussed the Department of Justice’s (DOJ) focus on pursuing Medicare Advantage (MA) insurers for wrongdoing under the False Claims Act (FCA) related to recoupment of overpayments.
Continue Reading DOJ Focus on Medicare Advantage Insurers and FCA LiabilityFalse Claims Act Fundamentals: Reverse False Claims
Previous False Claims Act (FCA) Fundamentals posts have examined how violations of certain federal laws can potentially expose entities to FCA liability when they receive money from the government.
Continue Reading False Claims Act Fundamentals: Reverse False ClaimsSupreme Court Review of Key FCA Issues
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 IssuesDownload Now – 11th Annual Healthcare Fraud & Abuse Review
Bass, Berry & Sims is pleased to announce the release of the 11th annual Healthcare Fraud & Abuse Review examining important healthcare fraud developments in 2022.
Continue Reading Download Now – 11th Annual Healthcare Fraud & Abuse ReviewDOJ Releases Annual Civil Fraud Recovery Statistics and Results
On February 7, the Department of Justice (DOJ) released its annual report of civil fraud recoveries for the prior fiscal year, along with its accompanying press release highlighting its civil enforcement efforts. Our top ten observations from DOJ’s release include:
Continue Reading DOJ Releases Annual Civil Fraud Recovery Statistics and ResultsWatch Now | Healthcare Fraud & Abuse Annual Review Webinar
Bass, Berry & Sims released its 11th Annual Healthcare Fraud & Abuse Review in early February 2023. As a companion to the Review, we hosted a complimentary webinar which provided an overview and discussion of key focus areas covered in the Review.
Continue Reading Watch Now | Healthcare Fraud & Abuse Annual Review Webinar
Supreme Court Review of False Claims Act Scienter Standard
I was quoted in a recent Law360 article examining the potential impact of the U.S. Supreme Court’s decision to hear a pair of False Claims Act cases about the proper standard for establishing scienter under the False Claims Act.
Continue Reading Supreme Court Review of False Claims Act Scienter Standard