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Alert by Breen, Matyas, and Fundakowski Featured in “5 of the Biggest False Claims Act Developments in 2014”

Becker's Hospital Review

An Epstein Becker Green client alert, “The False Claims Act and the Health Care Industry: 2014 Year in Review,” was featured by Becker’s Hospital Review, in “5 of the Biggest False Claims Act Developments in 2014,” by Ayla Ellison. The alert was authored by George B. Breen, Chair of the firm's National Health Care and Life Sciences Practice Steering Committee (Washington, DC), David E. Matyas, Member of the Firm (Health Care and Life Sciences – Washington, DC), and Daniel C. Fundakowski, Associate (Health Care and Life Sciences – Washington, DC).

Following is an excerpt from the Becker's article:

This year, there have been a number of significant False Claims Act developments that affected the healthcare industry, according to a recent report from the law firm Epstein Becker Green.

Here are five of the biggest FCA developments in 2014, according to the report.

  1. Reverse false claims. Under the 60-day repayment rule, any entity that receives an overpayment from the state or federal government must report the overpayment within 60 days. Although the 60-day repayment rule, which is part of the Patient Protection and Affordable Care Act, went into effect about three years ago, cases based on violations of the rule — called reverse false claims cases — began working their way through the system this year. For instance, in June, the federal government intervened in an FCA lawsuit alleging Continuum Health Partners in New York City and several hospitals that were formerly part of Continuum's network had failed to return more than $1 million in Medicaid overpayments to the government within the 60-day period required by the PPACA.