Health Care Enforcement and the False Claims Act (FCA) - Industry Trends and Legal Developments

This panel will examine the state of health care investigations and prosecutions at the federal and state levels in 2017-2018. In recent months the Affordable Care Act has undergone substantial modification by the actions of the Trump Administration and Congress; however, the civil and criminal enforcement landscape has remained largely the same. Both the DOJ and HHS have shown increased interests in holding individuals together with corporations responsible under the continuation of the guidance developed by the Yates Memo. The Anti-Kickback Statute continued to be the favorite weapon in the government's arsenal with the increasing utilization of RICO in the indictments of doctors, pharmacists and pharmaceutical companies. On the civil side of things, the False Claims Act continued to play a central role in driving large settlements. Both the implied certification theory of liability in FCA cases and statistical sampling in establishing liability remained central to the developments that this panel will discuss.

Other Speakers:

Brian F. McEvoy, Polsinelli - Moderator
Thomas Gregory, Ernst & Young
Robert S. Salcido, Akin Gump
Kristin N. Tahler, Quinn Emanuel Urquhart & Sullivan, LLP
Morris Weinberg, Jr., Zuckerman Spaeder LLP

For more information, please visit the ABA website.