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, in the firm’s Washington, DC, office, was quoted in Law360, in “Health Care Cases to Watch in 2018,” by Jeff Overley. (Read the full version – subscription required.)

Following is an excerpt:

Importantly, a failure to return overpayments can result in big financial liability under the False Claims Act. UnitedHealth recently defeated an FCA case accusing it of improperly retaining overpayments, and it is still fighting a related FCA case.

If the related case goes UnitedHealth’s way as well, it would deal a substantial blow to fraud cases involving Medicare Advantage, which has been widely viewed as the next major frontier in FCA litigation.

“I think you will continue to see relators filing these cases” if UnitedHealth wins, Epstein Becker Green member George Breen said. “I think the practical reality will be, however, that the government will end up being less interested in pursuing them.”

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