When Retaining Overpayments Leads To FCA Liability

Law360, New York (October 25, 2012, 12:30 PM ET) -- Last February, the U.S. Department of Justice and the U.S. Department of Health and Human Services released a report claiming that, in fiscal year 2011, health care enforcement efforts recovered nearly $4.1 billion in taxpayer dollars. According to the report, approximately $2.4 billion was recovered through civil health care fraud cases brought under the False Claims Act, 31 U.S.C. §§ 3729-3733. This included more than 760 new FCA matters filed in 2011. The recent months of presidential campaigning have brought repeated pledges by candidates to continue...
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