Category:

Fraud & Abuse

False Claims Act Penalties Double with DOJ New Interim Rule

Amanda Bogle Executive Editor Loyola University Chicago School of Law, JD 2017   On June 30, 2016, the Department of Justice joined other agencies in passing a new interim final rule, significantly increasing the penalties for the False Claims Act (FCA). Before, FCA penalties ranged from $5,500 up to $11,000 per false claim. The new …
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Implied Certification: What does it mean for your small business?

Brittany Tomkies Executive Editor Loyola University Chicago School of Law,  JD 2017   In a monumental decision for false claims cases, the Supreme Court of the United States (SCOTUS) unanimously affirmed the viability of the implied certification theory. The ramifications of this ruling may create additional stressors on small businesses and will likely create additional …
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An Active Summer of Healthcare Fraud Enforcement Actions

Alanna J. Kroeker Executive Editor Loyola University Chicago School of Law,  JD 2017   Unprecedented DOJ Healthcare Fraud Takedown: On Wednesday June 22, Attorney General Loretta Lynch and Department of Health and Human Services (HHS) Secretary Sylvia Burwell announced the largest healthcare fraud takedown in history.  This action was led by the Medicare Fraud Strike …
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Supreme Court Weighs in on Implied False Certification Theory

Ryan Meade Editor-in-Chief Director of Regulatory Compliance Studies at Loyola University Chicago School of Law   The Supreme Court’s decision yesterday in  Universal Health Services, Inc. v. U.S. ex rel Escobar (“UHS”) has had some strange initial summaries suggesting this is a gloom and doom opinion for actors who submit claims to the United States.  I …
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Lessons Still to be Learned from Settlements of Implantable Cardiac Device Cases

Gail Jankowski Executive Editor Loyola University Chicago School of Law, JD 2016   Although the DOJ reached 70 settlements involving 457 hospitals in 43 states for more than $250 million related to cardiac devices that were implanted in Medicare patients which violated coverage requirements, they were not done yet. Another batch of 51 hospitals settled …
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