Jack Wenik, Member of the Firm in the Health Care & Life Sciences and Litigation practices, in the firm’s Newark office, authored an article in the Garden State Focus Magazine, published by the Healthcare Financial Management Association, titled “Recent Developments in Federal and State Fraud and Abuse Investigations.”
Following is an excerpt (see below to download the full version in PDF format):
The emphasis and targets of Federal and State fraud and abuse investigations constantly shift in response to statutory/regulatory changes, political changes, and changes in the healthcare landscape. The Department of Justice (“DOJ”) under the Biden Administration has altered its enforcement priorities generally, and in the healthcare space particularly, with varying degrees of success. The recent election of a Republican-controlled House of Representatives has also had an important effect of putting the brake on some major proposed statutory/regulatory changes in the healthcare space. Perhaps most importantly, Secretary of Health and Human Services Xavier Becerra announced, effective May 11, 2023, the end of the Public Health Emergency, which had been imposed as a result of COVID-19. All of this has had significant effects on fraud and abuse investigations.
