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Expert Analysis

Someone Else's Computer Glitch May Create Your False Claim

Law360, New York (July 14, 2014, 3:51 PM EDT) -- Yes it can, according to the United States' recently filed complaint in intervention against a number of hospitals in the Southern District of New York. The complaint alleges failure to make timely repayment of money overbilled to Medicaid as a result of a software problem creates liability under the False Claims Act (FCA). United States v. Continuum Health Partners Inc., et al., No. 11-2325 (S.D.N.Y.), one of the first cases under recent amendments to the FCA, could potentially shed light on the scope of FCA liability for retained overpayments — an issue many anticipated would be a hotbed of FCA activity....

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