• The False Claims Act: The Impact in 2012: Part II in a Continuing Series on Health Care Enforcement
  • March 22, 2012 | Authors: Brian P. Dunphy; Hope S. Foster
  • Law Firms: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. - Boston Office ; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. - Washington Office ; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. - Boston Office
  • This second part in our ongoing series reviewing health care fraud enforcement activities in 2011,i/ and monitoring enforcement in 2012, expands upon our prior discussion in part one (Part One Report) of the federal False Claims Act (FCA)—the government’s primary and most powerful civil health care fraud enforcement tool. The FCA has been used with substantial success in past years to recover funds paid by the government allegedly for (1) services billed but not provided; (2) services provided but not billed in accordance with statutory or regulatory requirements, or administrative guidelines; and (3) services provided and accurately billed but not provided in compliance with an underlying statutory, regulatory, or contractual obligation. In 2011, this trend continued and accelerated.