The Federal False Claims Act: Enforcement and Recent Updates (Recorded)

This recording reflects information, laws, and best practices as of the recording date. Requirements may have changed since this session was recorded — consult qualified counsel or a current source for guidance on today's requirements.

Course Description

This session provides an overview of the Federal Civil False Claims Act (FCA) and how it works, along with an assessment of enforcement activities showing how healthcare providers may be at risk. The webinar reviews how various health care fraud task forces use the FCA and its whistleblower provisions to identify and prosecute health care fraud, taking the Act apart to show step by step how an action is filed, how the government responds, and how the courts interpret its various elements — including proof, damages, and whistleblower rewards.

The session also provides an overview of the Anti-Kickback Statute (AKS), reviewing what it prohibits and the available safe harbors, and how a violation of the AKS can raise FCA concerns. It reviews changes made to both the FCA and the AKS by the Affordable Care Act, along with recent cases showing how easy it is to run afoul of these statutes and how courts view compliance with them.

Why Should You Attend

This session is designed for attorneys and consultants who advise health care executives and physicians, as well as health care executives and physicians themselves. Recovery under the FCA reached an all-time high in recent years, with billions recovered for the federal government since the law was revised to make it more relator-friendly in 1986 — and whistleblowers, where the majority of FCA suits originate, have been awarded billions in that time. Recent cases finding that the "responsible corporate officer doctrine" allows the government to hold hospital CEOs and others directly responsible for fraud make this session essential for protecting yourself and your organization.

Areas Covered

• A review of the Federal False Claims Act, its history, how it works, its proof requirements, pleading requirements, and damages
• New enforcement actions and penalties under the Affordable Care Act
• A review of recent cases involving the False Claims Act

Who Will Benefit

• Attorneys representing health care providers and practitioners
• Attorneys who want to learn more about the False Claims Act
• Healthcare executives
• Compliance officers
• Physicians
• Physician practice managers