On Nov. 29, 2018, Deputy Attorney General Rod J. Rosenstein announced several amendments to policies on individual accountability set forth in the 2015 Yates Memo. As a result, companies facing FCA actions—especially defendants in health care cases—should consider following three strategy tips: (1) Establish clear benchmarks for cooperation. (2) Advocate for individual releases. And (3)
fraud
Health Care Fraud and Abuse Control Program FY 2017: Insights from Our Enforcement Team
By Christopher Flynn on
Posted in Fraud, Waste & Abuse
The Health Care Group’s newest partners, William S.W. Chang and Laura M. Kidd Cordova, along with Counsel Stephanie D. Willis, have authored an Alert about the 21st Health Care Fraud and Abuse Control Program (HCFAC) annual report released last Friday. The HCFAC report is a joint effort of the U.S. Department of Justice (DOJ) and…
Supreme Court To Take Up Implied Certification Theory of FCA Liability
By David W. O'Brien & Stephanie Willis on
Last week, in a case that will have a significant impact on future False Claims Act (FCA) suits against health care entities, the Supreme Court granted certiorari in Universal Health Services, Inc. v. United States ex rel. Escobar. By agreeing to hear the case, the Court will resolve the circuit split over the so-called …
Subscribe to the New Blog Whistleblower Watch for False Claims Act Developments
By Crowell & Moring on
Posted in Uncategorized
Over 40 percent of money recovered by the Department of Justice from False Claims Act (FCA) suits involve fraud against federal health care programs. More importantly, nearly 89 percent of all new FCA matters in 2014 originated qui tam lawsuits brought by whistleblowers.
Developments in FCA jurisprudence have innumerable consequences for the health care industry,…