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Health Law Scan

Legal Insights and Perspectives for the Healthcare Industry

We hosted a very informative Fast Break session last week on complex FCA issues. If you weren't able to join, the session was led by Katie McDermott and Matt Hogan, who are both authorities in False Claims Act (FCA) litigation. Understanding the complex dynamics for dealing with both the US Department of Justice (DOJ) and qui tam relators, Katie and Matt led us through the minute details of relator litigation, declined qui tams, and partial interventions, just to name a few things.

Among the overarching issues we discussed, coming on the heels of the US Supreme Court’s Cochise decision, is the Court’s seemingly renewed interest in the FCA and the possibility of statutory amendments to the FCA to balance out many of the, as Katie termed it, “procedural inequities” that now exist when a healthcare organization is an FCA defendant. Katie and Matt also discussed recent DOJ pronouncements about their FCA enforcement procedures and priorities, highlighting that the FCA remains the most significant overarching risk area for healthcare stakeholders.

One of the best things about the Fast Break series is the chance to jump from topic to topic each month. July featured an "expert" level discussion on FCA dynamics and settlement approaches, while our session in August will focus on aspects of the recent 2020 Physician Fee Schedule final rule, featuring Eric Knickrehm.

If you didn’t get to listen in, catch the FCA Hardball Fast Break here. In the meantime, if you are facing an FCA conundrum or would like guidance on responding to a subpoena, please contact Katie or Matt.

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