George Breen, a Member of the Firm in the Health Care and Life Sciences and Litigation Practices, was quoted in an article about health care fraud remaining a key target of the federal False Claims Act.
The article, “Health Care Fraud Still Main Focus Of False Claims Act,” stated that the Justice Department’s annual report on recoveries under the statute, and legislative developments, indicate the government is increasing enforcement.
Breen pointed out that the figures do not include criminal false claims cases or portion of recoveries returned to the states. “The numbers are actually much larger if you take into consideration other sources of potential recovery,” he said. “But the government is following the money, which shows that pursuing False Claims Act cases against health care providers is a substantial revenue generator. When you look at what additional steps the government has taken, it suggests [these cases] will only continue to grow in the coming years.”
In addition, Breen said, the Health Care Fraud Enforcement Act, pending in the Senate Judiciary Committee, would allow prosecutors to pursue illegal kickbacks under the False Claims Act as well as through current federal anti-kickback statutes, presenting a potential double threat for physicians.