Be Wary, But not Fearful, of False Claims Act Allegations
One of my favorite things to do is help clients extricate themselves from a False Claims Act investigation. I like it because it’s intellectually challenging, and few things are more rewarding than keeping an organization from having to pay large sums of money.Longtime readers know that False Claims Act investigations are filed under seal. The government then investigates to determine whether it wishes to intervene in the case.During the investigative period, which is statutorily supposed to be completed within 60 days, but in reality, takes years, the case remains under seal. The public won’t, and really can’t, learn about it.
This article originally published on May 22, 2024 by RACmonitor.
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David M. Glaser is a shareholder in Fredrikson & Byron's Health Law Group. David assists clinics, hospitals, and other health care entities negotiate the maze of healthcare regulations, providing advice about risk management, reimbursement, and business planning issues. He has considerable experience in healthcare regulation and litigation, including compliance, criminal and civil fraud investigations, and reimbursement disputes. David's goal is to explain the government's enforcement position, and to analyze whether this position is supported by the law or represents government overreaching. David is a member of the RACmonitor editorial board and is a popular guest on Monitor Mondays.