5 Tips For Crafting Multistate FCA Settlements

Law360, Washington (July 14, 2014, 5:59 PM EDT) -- As states become more active in False Claims Act litigation, health care companies are increasingly facing suits in multiple jurisdictions and grappling with ever tougher choices in settlement talks.

Just in the last six months, eight states have enacted new false claims statutes that more closely mirror federal law as they seek to take advantage of enhanced Medicaid fraud recoveries stemming from FCA litigation, and two others have legislation pending. While some states have beefed up their individual litigation efforts, many have also banded together in federal lawsuits over inflated average wholesale prices on pharmaceuticals and other issues, complicating companies' efforts...

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