False Claims Act changes included expanding the scope by eliminating the intent requirement, and expanding liability for retaining government overpayments.
The DOJ reported earlier this year that it collected more than $3 billion in civil settlements and judgments in all cases involving fraud against the government, with the vast majority of that amount coming from recoveries-$2.5 billion for fiscal year 2010. The two-year total recovery for healthcare fraud enforcement efforts is $4.6 billion.
The trend of fraud recoveries is continuing.
On top of these types of recoveries, federal enforcers are starting to target senior executives in healthcare fraud cases, with the consequences including criminal charges-even if the individual was not involved in the fraud-and banning the individual from doing business with government health programs. It is anticipated that this trend will continue through 2011, with the government probably seeing another record year for recoveries stemming from healthcare fraud enforcement.
Ultimately, it appears that the predictions made regarding the impact of FERA on healthcare fraud are coming to fruition.
This column is written for informational purposes only and should not be construed as legal advice.
Molly A. Drake is an associate at the Cleveland-based law firm Calfee, Halter & Griswold LLP.
Christopher S. Williams is a partner in the litigation practice at Calfee, Halter & Griswold LLP.
DC Roundtable: Patrick Cooney of The Federal Group Drops the Latest on PBM Legislation in Washington
April 11th 2024In this episode of "DC Roundtable," Peter Wehrwein, managing editor of Managed Healthcare Executive, spoke with Patrick Cooney, president of The Federal Group, a lobbying and strategic planning firm in Washington, D.C., about recent developments in Washington concerning PBMs.
Listen
Personal Health Information was Released in Change Healthcare Hack
April 23rd 2024UnitedHealth has found 22 screenshots, allegedly from Change Healthcare files, that were posted for about a week on the dark web. Some of these contained personal health information. The extent of data release is not yet known.
Read More