False Claims Act Enforcement: Trends in 2020, Predictions for 2021, and Compliance Advice
The number of new qui tam and DOJ-initiated False Claims Act (FCA) lawsuits rose in 2020, and we expect 2021 to be an exciting year for FCA litigation in healthcare. The Government continues to focus on kickback theories of liability, from traditional claims involving the provision of entertainment and meals to physicians to newer theories that nonprofit organizations funnel kickbacks from pharmaceutical companies to Medicare patients and providers. This presentation will discuss trends in Government enforcement and regulatory guidance regarding kickbacks, significant cases, and predictions for enforcement priorities in 2021.