CLE Seminar: The 2009 & 2010 Amendments to the Federal False Claims Act
April 7, 2011
15th & West Streets, Mineola, NY 11501
Intended Audience: Attorneys
8:30am - 9:30am
Contact Info:
Phone: 516-747-4070
This seminar was presented to the Nassau County Bar Association’s Hospital & Health Law Committee.
Farrell Fritz commercial litigation partner, Kevin P. Mulry, Esq. presented. His presentation covered the following topics:
I. THE FEDERAL FALSE CLAIMS ACT
– General overview
– Role of the Department of Justice in enforcement of the False Claims Act
II. FERA – THE 2009 AMENDMENTS TO THE FALSE CLAIMS ACT
(“Fraud Enforcement and Recovery Act”)
– Encourages more frequent use of Civil Investigative Demands (“CIDs”) due to delegation of authority to issue CIDs by the Attorney General, and permits greater sharing of information with state officials and relators
– Overrules Supreme Court Allison Engine case, which held that defendant must intend for the claim to be paid by the government, and not another entity
– Eliminates the presentment requirement, so a claim does not have to be presented to a government official or employee to be subject to the False Claim Act
– Provides that the knowing retention of an overpayment is subject to the False Claims Act
– Broadly defines “materiality” under the False Claims Act
– Government claims relate back to the filing of the qui tam complaint for statute of limitations purposes
– Expanded protections to whistleblowers
III. PPACA – THE 2010 AMENDMENTS TO THE FALSE CLAIMS ACT
(“Patient Protection and Affordable Care Act”)
– Substantially weakens the public disclosure bar to the False Claims Act
– Duty on providers to return known overpayments within 60 days of discovery
– Anti-kickback statute violations give rise to False Claims Act liability
IV. POTENTIAL PROBLEMS FOR HEALTH CARE PROVIDERS
V. QUESTIONS AND DISCUSSION