Identify the continuing and emergent issues facing providers under the False Claims Act and analyze ways these issues can be avoided or abated.
The False Claims Act remains the federal government’s primary weapon in fighting fraud, as well as one that produces significant financial recoveries. Aided by qui tam relators, the government recovered $1.3 billion in 2023, and a substantial majority of the largest recoveries came from the health care space, including cases involving interlocking referral and financial relationships under the Anti-Kickback Statute and Stark Law, and billing and coding fraud in the Medicare and Medicaid programs. As the post-Covid era evolves, the number and magnitude of False Claims Act cases continue to increase and, again, health care is in the spotlight. Thus, we examine the lessons of the recent past and identify the continuing and emergent issues facing providers under the False Claims Act and analyze ways in which these issues can be avoided or abated.
We also examine how the federal courts are approaching False Claims Act claims and defenses, including splits among the Circuit Courts of Appeals on issues like materiality, standing, and implied certification as affected by advances in technology, cybersecurity and artificial intelligence.
Agenda
- Mechanics of the False Claims Act (FCA)
- State of the Law: FCA Enforcement Statistics and Trends
- Key FCA Decisions From 2023
- Other FCA Hot Topics
- FCA Compliance Best Practices: Mitigating Enforcement Risk
- The Road Ahead in 2024
Speakers
Stuart M. Gerson,
Epstein Becker & Green, P.C.- Member of Epstein Becker & Green, P.C.'s litigation and health care & life sciences practices
- Extensive experience litigating cases involving the cybersecurity of health care information, trade secrets, and other confidential data as well as civil and criminal fraud issues particularly under the federal False Claims Act
- Was appointed acting attorney general of the United States during the early Clinton administration, after having served as President G.H.W. Bush's appointee as assistant attorney general for the civil division of the Department of Justice (DOJ)
- Active in digital data security, compliance, breach enforcement, and litigation defense
- Received the highest rating with Martindale-Hubbell Law Directory for the past 30 years
- J.D. degree, Georgetown University Law Center; B.A. degree, Pennsylvania State University
- Can be contacted at 202-861-4180 or sgerson@ebglaw.com
Daniel Fundakowski,
Epstein Becker & Green, P.C.- Partner with Epstein Becker Green based in Washington, D.C. office
- Practice focuses on representing health care clients in civil litigation and regulatory proceedings, including matters arising under the False Claims Act (FCA)
- Has experience litigating and resolving FCA cases predicated on a wide variety of theories, including alleged violations of the Stark Law and the Anti-Kickback Statute, as well as cases involving allegations of upcoding, medical necessity, off-label promotion, research cost mischarging, and improper reporting of usual and customary prices
- Also frequently designs and implements compliance programs, conducts internal investigations, and advises health care clients on day-to-day regulatory matters
Who Should Attend
This live webinar is designed for attorneys, but other legal professionals may also benefit from attending.
