Health Care Law Update

Janice A. Anderson
Douglas K. Anning
Mary Beth Blake
Teresa A. Brooks
Jared O. Brooner
Anne M. Cooper
Fredric J. Entin
E. Michael Flanagan
Rebecca L. Frigy
Randy S. Gerber
C. Jason Hannagan
Jay M. Howard
Joanne E. Joiner
Joan R. Killgore
Jason T. Lundy
Jane K. McCahill
David L. McMurray
Donald G. Mueller Jr
Matthew J. Murer
Anne S. O'Brien
Thomas P. O'Donnell
Daniel S. Reinberg
Michael F. Ruggio
Randal L. Schultz
Charles P. Sheets
Sandy J. Smith
Valerie S. Smith
Carey Gehl Supple
Perry M. Toll
Mark R. Woodbury

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June 2009

Civil False Claims Act Changes Highlight the Government’s Focus on Fraud

A Polsinelli Shughart PC Health Care Update

Fraud and abuse in health care programs is a top priority of the Obama administration as evidenced by the recent enactment of the Fraud Enforcement and Recovery Act (FERA) on May 20, 2009. FERA amends the civil False Claims Act (FCA), increasing the scope of liability under the FCA as well as strengthening government’s investigatory powers. FERA changes the FCA and creates new opportunities for FCA actions to be sustained. The decreased level of proof, the broadening of the statute of limitations and the expanded authority given to government officials to share documents will likely cause an increase in FCA enforcement actions in the near future. Providers should review their compliance programs, FCA written policies, and over/underpayment policies in response to this new law.

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For More Information

If you have any questions regarding the recent changes to the FCA, or to learn more about these issues and how the attorneys at Polsinelli Shughart can help, please visit our Health Care practice group page and contact one of the attorneys in the group.

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