04.01.2009 Recent Cases Expanding False Claims Act Liability for Stark Violations
04. 2009The federal False Claims Act (31 USCA §§ 3729 - 3733) is well known to health care providers serving beneficiaries of Medicare and Medicaid. The False Claims Act imposes civil liability for all overpayments to providers that result from “false or fraudulent claims” and other uses of false records or statements to obtain payments from or avoid obligations to the government. Sanctions for violations are harsh — if a violation is found, the provider can be held liable for double or triple the amount of overpayments, and for statutory monetary penalties of thousands of dollars per violation.
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