It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an...more
4/21/2025
/ Appeals ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
Fraud ,
Government Agencies ,
Healthcare ,
Healthcare Fraud ,
Litigation Strategies ,
Motion to Dismiss ,
Relators ,
Rule 9(b) ,
Whistleblowers ,
White Collar Crimes
Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends....more
2/5/2025
/ Anti-Kickback Statute ,
Cybersecurity ,
Damages ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
First-to-File ,
Fraud ,
Fraudulent Inducement ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Hospitals ,
Materiality ,
Medicare ,
Penalties ,
Public Disclosure Bar ,
Retaliation ,
Reverse False Claims ,
Settlement ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
On June 28, 2024, SCOTUS overturned the long-standing Chevron doctrine in its decision Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The Court’s ruling will have a significant impact on...more
7/15/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Department of Health and Human Services (HHS) ,
Fraud and Abuse ,
Government Agencies ,
Healthcare ,
Hospice ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
MACs ,
Medicaid ,
Medicare ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
The False Claims Act (FCA) continued to be a key tool in 2022 for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. While the focus stayed largely on...more
In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022: robust FCA enforcement generally, healthcare as the...more
E. False Claims Act: Materiality -
1. False Claims Amendments Act of 2021 (S.2428) -
• The Senate Committee on the Judiciary has approved for the Senate’s full consideration an amendment to the FCA that would...more
The year 2021 marks the 10th anniversary of the Bradley False Claims Act Year in Review. In that decade, much has remained the same in FCA enforcement. To start with the obvious: It continues to result in billions of dollars...more
2/3/2022
/ Alternate Remedy ,
Anti-Kickback Statute ,
CARES Act ,
Causation ,
Class Action ,
Cybersecurity ,
Damages ,
Department of Justice (DOJ) ,
Dismissals ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Government Investigations ,
Healthcare ,
Local Coverage Determination (LCD) ,
Materiality ,
Overpayment ,
Pleading Standards ,
Public Disclosure Bar ,
Request for Equitable Adjustment ,
Scienter ,
Settlement
Each year brings significant changes and challenges in the laws governing the health care industry, and 2014 proved to be no exception. What the year may have lacked in the high drama that accompanies comprehensive health...more
12/31/2014
/ ACOs ,
Affordable Care Act ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
CMP Law ,
Cybersecurity ,
Ebola ,
Enforcement ,
Enforcement Actions ,
False Claims Act (FCA) ,
Halbig v Burwell ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Reform ,
King v Burwell ,
Medicare Shared Savings Program ,
OIG ,
Patient Confidentiality Breaches ,
PHI ,
Popular ,
Stark Law ,
Tax Credits
Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more
1/15/2014
/ Calculation of Damages ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
FERA ,
Fines ,
First-to-File ,
Fraud ,
Halliburton ,
Healthcare ,
Medicare ,
Off-Label Use ,
Overpayment ,
Pharmaceutical Industry ,
Physician Medicare Reimbursements ,
Prescription Drugs ,
Public Disclosure ,
Qui Tam ,
Wells Fargo ,
Whistleblowers ,
WSLA