Description
Identify the continuing and emergent issues facing providers under the False Claims Act and analyze ways these issues can be avoided or abated.
The False Claims Act remains the federal governments primary weapon in fighting fraud, as well as one that produces significant financial recoveries. Aided by qui tam relators, the government recovered 1.3 billion in 2023, and a substantial majority of the largest recoveries came from the health care space, including cases involving interlocking referral and financial relationships under the AntiKickback Statute and Stark Law, and billing and coding fraud in the Medicare and Medicaid programs. As the postCovid era evolves, the number and magnitude of False Claims Act cases continue to increase and, again, health care is in the spotlight. Thus, we examine the lessons of the recent past and identify the continuing and emergent issues facing providers under the False Claims Act and analyze ways in which these issues can be avoided or abated.
We also examine how the federal courts are approaching False Claims Act claims and defenses, including splits among the Circuit Courts of Appeals on issues like materiality, standing, and implied certification as affected by advances in technology, cybersecurity and artificial intelligence.
Date: 2024-04-17 Start Time: 1:00 PM ET End Time: 2:05 PM ET
Learning Objectives