Jessica Osterlof

McCarter & English, LLP

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Latest Posts › False Claims Act (FCA)

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Federal Courts Decide on FCA Claims Actions

There are still several unsettled legal issues regarding the standards applicable to a False Claims Act (FCA) claim, such as the standard to prove causation when an FCA claim is based on a violation of the Anti-Kickback...more

3/13/2025 / Anti-Kickback Statute , Appeals , But For Causation , Department of Health and Human Services (HHS) , Enforcement , False Claims Act (FCA) , Healthcare Fraud , Litigation Strategies , Statutory Interpretation , US ex rel Tracy Schutte et al v SuperValu Inc et al

Is the Qui Tam A Sham?: Federal Judge Finds Qui Tam Enforcement of False Claims Act Unconstitutional

A recent federal court decision has the potential to significantly impact the future of False Claims Act (FCA) lawsuits initiated by whistleblowers and to upend the FCA. In United States of America ex rel. Clarissa Zafirov v....more

10/22/2024 / Appointments Clause , False Claims Act (FCA) , Health Care Providers , Healthcare Fraud , Qui Tam , Relators , Unconstitutional Condition , United States ex rel Polansky v Executive Health Resources Inc , Whistleblowers

CMS Proposes Further Changes to Medicare Overpayment Rule

The Centers for Medicare & Medicaid Services (CMS) recently published a proposed rule, 89 FR 61596, that revives portions of a 2022 proposal to amend the Medicare Overpayment Rule. The 2024 proposed rule comes after...more

10/16/2024 / Centers for Medicare & Medicaid Services (CMS) , False Claims Act (FCA) , Health Care Providers , Healthcare , Medicare , Overpayment , Proposed Rules

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