George Breen Featured in “Potential Bump in CMP Rates Puts Providers on High Alert”

PPS Alert for Long-Term Care January 2016

George B. Breen, a Member of the Firm in the Health Care and Life Sciences and Litigation practices and Chair of the firm’s National Health Care and Life Sciences Practice Steering Committee, was featured in HCPro’s January PPS Alert for Long-Term Care, in “Potential Bump in CMP Rates Puts Providers on High Alert.” (Read the full version – subscription required.)

Following is an excerpt:

Although some have argued that the CMP increases outlined in the Budget Act are negligible, Breen says these recent developments signal just the opposite.

“The government has now told you that it has the tools and resources it’s been looking for for a long time to be able to pursue more of these cases,” he explains. “So I think you’ll see more of it, not less of it, and you’ve got the opportunity for the government to recover more in damages because the penalty levels are increasing.”

However, the feds will likely tread carefully when determining FCA fine amounts. Penalties that are grossly disproportionate risk breaching the Eighth Amendment, which bars excessive fines.