Stuart Gerson Quoted in “5 FCA Issues to Watch as Trump Takes Power”

Law360

Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices, was quoted in Law360, in “5 FCA Issues to Watch as Trump Takes Power,” by Jeff Overley. (Read the full version – following is an excerpt.)

Following is an excerpt:

A trickier question is whether Trump’s DOJ will be able to continue the trend of FCA recoveries rising sharply from one administration to the next. Stuart Gerson, an Epstein Becker Green member and former head of civil enforcement at the DOJ, said that a large increase might be attainable if additional FCA cases emerge in connection with Affordable Care Act programs, such as its Medicaid expansion.

“It’s not impossible,” Gerson said. “A lot of it depends upon the shape of health care insurance and health care delivery, but it’s not impossible.” ...

In addition, observers say there's little chance that any U.S. attorney would turn a blind eye to suspect billing by hospitals and drugmakers, which represent the most common and lucrative FCA targets.

"Nobody is going to back off of health care," Gerson said. "That’s the biggest animal in the jungle with the most meat on it."

But in one important development, Trump and Sessions have already convinced Preet Bharara — perhaps the best-known U.S. attorney in the nation — to continue leading enforcement ... his retention suggests "a very strong enforcement agenda" under the incoming administration, Gerson said.