An Unconstitutional FCA Provision Lurking In PPACA?

Law360, New York (May 29, 2012, 1:00 PM EDT) -- While the news coverage of the upcoming U.S. Supreme Court decision on the Patient Protection and Affordable Care Act has been focused on the constitutionality of the individual health insurance mandate, attorneys and companies that deal with the False Claims Act should also follow this case closely because of a lesser known provision that threatens to diminish the defenses available against relators under the FCA.

A provision inserted in PPACA modified the FCA’s “public disclosure” bar by (1) eliminating the jurisdictional nature of the bar; (2)...
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