Articles and Blogs

False Claims Act

Enforceability of FCA Releases Questioned

[05/30/16]

Posted on May 30, 2016 in False Claims Act Defense

Written by: David B. Honig

Releases of FCA claims my only be effective in very limited circumstances, the Second Circuit Court of Appeals ruled in a decision this week. In US ex rel. Ladas v. Exelis, Inc, et al., the court ruled that a pre-filing release is unenforceable as a matter of public policy – the encouragement of qui... READ MORE

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Massive Spike in FCA Penalties

[05/04/16]

Posted on May 4, 2016 in False Claims Act Defense

Written by: David B. Honig

In November 2015, the Bipartisan Budget Act of 2015 went into effect. One aspect of that act was the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The new law required that the Program Fraud Civil Remedies Act and the False Claims Act (“FCA”) penalties be “corrected” to adjust for inflation since their... READ MORE

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Government Approval and Percentage in FCA Cases

[04/07/16]

Posted on April 7, 2016 in False Claims Act Defense

Published by: Hall Render

An Indiana Federal District Court just published an opinion on an issue of first impression in the Seventh Circuit, the ability of the government to reject or approve a settlement in a case in which they did not intervene. The court also opined on the ability of a whistleblower to enter into a settlement that... READ MORE

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Sixth Circuit Rejects HITECH FCA Complaint

[03/14/16]

Posted on March 14, 2016 in False Claims Act Defense

Written by: David B. Honig

The Sixth Circuit Court of Appeals, in US ex rel. Sheldon v. Kettering Health Network, affirmed the dismissal of a False Claims Act (“FCA”) suit alleging fraud based upon certifications of compliance with the HITECH Act and a data breach. The HITECH Act, or Health Information Technology for Economic and Clinical Health Act, encourages the... READ MORE

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Fourth Circuit Addresses Expanded Definition of “Original Source”

[02/17/16]

Posted on February 17, 2016 in False Claims Act Defense

Written by: David B. Honig

In 2010, the False Claims Act (“FCA”) was extensively amended to limit the public disclosure bar and to expand the ability of whistleblowers to qualify as “original sources” in qui tam litigation. This month, the Fourth Circuit Court of Appeals took an in-depth look at both provisions, in the case US ex rel. Moore & Co.... READ MORE

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60-Day Overpayment Rule Released

[02/11/16]

Posted on February 11, 2016 in False Claims Act Defense

Written by: David B. Honig

CMS has released its final 60-Day Overpayment Rule, providing clarity to the 2010 Affordable Care Act (“ACA”) amendment to the False Claims Act (“FCA”) that created FCA liability for failure to repay identified overpayment within 60 days. This is a long-awaited rule that provides essential clarity to an amendment that, until now, has vastly... READ MORE

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“I refute it thus.” The FCA and “Valueless” Damages Claims

[02/10/16]

Posted on February 10, 2016 in False Claims Act Defense

Written by: David B. Honig

Some court decisions are so marvelous, so great at cutting through all the legal argument and theoretical absurdity, that they deserve to be quoted at length. On February 4, 2016, the Hon. Raymond M. Kethledge of the Sixth Circuit Court of Appeals wrote just such an opinion. What follows is the first paragraph of that opinion... READ MORE

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The 60-Day Vulture Comes Home to Roost

[08/07/15]

Posted on August 7, 2015 in False Claims Act Defense

Written by: Adele Merenstein

In a judicial opinion certain to rock the provider world, Judge Edgardo Ramos of the Federal District Court for the Southern District of New York denied a New York Health System’s (“Health System”) motion to dismiss the U.S.’s and New York State’s complaints in intervention under the federal False Claims Act (“FCA”) and state... READ MORE

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The FCA, Advice of Counsel Defense and CMS Commentary Meets the Jury

[07/07/15]

Posted on July 7, 2015 in False Claims Act Defense

Written by: David B. Honig

A recent court decision had highlighted two issues on the cutting edge of health care and False Claims Act (“FCA”) law. Both address what happens in the transition from health care advice to health care litigation. The first is the application of the attorney client privilege and the advice of counsel defense. The second is... READ MORE

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New 7th Circuit FCA Case Is a Primer in Whistleblower Cases

[06/18/15]

Posted on June 18, 2015 in False Claims Act Defense

Written by: David B. Honig

The Seventh Circuit Court of Appeals just issued its decision in US ex rel. Nelson v. Sanford-Brown, Ltd.. This decision is sure to find its way into briefs and arguments for years to come in False Claims Act (“FCA”) cases. It touched upon many of the different ways a qui tam relator can fail to bring an... READ MORE

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