False Claims Act 2020 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2020 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. Despite the pandemic and the smallest recoveries for the Department of Justice in over a decade, FCA enforcement remains robust. As always, the healthcare industry remains the most frequent subject of FCA cases and investigation. While there were no Supreme Court rulings on the FCA this year, the Care Alternatives and Winter cases in the circuit courts created and deepened a divide on the issue of whether and when physician medical opinions may be “false” under the FCA, potentially setting up Supreme Court action on the issue in 2021. We cover these and other major developments in FCA jurisprudence from last year, along with practitioner-friendly summaries of cases, analysis of policy documents, and a brief forecast for what’s to come in 2021.

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