The False Claims Act (FCA) is the federal government's single most effective weapon in combating allegations of fraud and abuse in its programs. By delivering services to patients who are reimbursed by Medicare, Medicaid or other federal and state health care programs, providers are subject to potential civil and criminal actions under the FCA.

Over the last 20 years, the Department of Justice has collected billions of dollars through FCA actions. The government’s use of the FCA for compliance enforcement continues to expand significantly with much of the expansion occurring in the health care arena. Recent changes to the FCA by the Affordable Care Act, FERA and other statutes have expanded the scope of liability, increased funding for enforcement efforts and added still more tools for the government’s use in bringing FCA actions. 

Our expert panel will discuss the FCA, its whistleblower or "qui tam" provisions, recent amendments to the FCA, and the application of the FCA to healthcare fraud and abuse cases.

Topics the panel will address will also include:

• How are qui tam cases filed by private counsel and how are they handled by DOJ?
• Who qualifies as a proper qui tam plaintiff?
• What makes a claim "false" and what types of "false claims" give rise to FCA liability?
• What damages are recoverable under the FCA?
• What are the common defenses in FCA cases?
• What are the Fraud Enforcement and Recovery Act of 2009 amendments to the FCA and the Patient Protection and Affordable Care Act of 2010?

David T. Fischer, Of Counsel, Shook Hardy & Bacon, Washington, DC

Robert S. Salcido, Partner, Akin Gump Strauss Hauer & Feld LLP, Washington, DC

Moderator: Alexandria Hien McCombs, Assistant Vice President and Corporate Counsel, Concentra, Addison, TX

States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.

ABA live webinars and teleconferences ordinarily receive CLE credit in AL, AK, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, KY, LA, ME, MI, MN, MO, MT, NH, NM, NY, NC, ND, OK, OR, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV, and WY.

The ABA does not seek direct accreditation of live webinars and teleconferences in IN, KS, NE, NJ, OH, and PA.

The ABA will seek credit for this program in the states indicated on this page.   The ABA will seek 1.5 hours of general CLE credit in 60-minute-hour states and 1.8 hours of credit in 50-minute-hour states.  Credit hours granted are subject to approval from each state.  Click here to view a list of 60- and 50-minute-hour states.

Special rules apply to New York-licensed attorneys as follows:

New York: This non-transitional CLE program is approved for experienced NY attorneys in accordance with the requirements of the New York State CLE Board for 1.5 New York CLE credits. Newly admitted attorneys may not earn New York credit for this non-transitional CLE program.

All attorneys may click here to view additional MCLE information for your jurisdiction

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Event Code: cet3hcf
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