Revisiting Tuomey in the New Regulatory Landscape
AHLA thanks the leaders of the Fraud and Abuse Practice Group for contributing this feature article.
- September 01, 2022
- Matt Austin , Nelson Mullins Riley & Scarborough LLP
- Hannah Cross , Nelson Mullins Riley & Scarborough LLP
- Bart Daniel , Nelson Mullins Riley & Scarborough LLP
It seems any discussion of the Stark Law and the False Claims Act (FCA) is timely given the ever-changing legal landscape and newly issued commentary. It is particularly of interest, given the media release by the U.S. Department of Justice (DOJ) on February 1, 2022, which notes that of the $5.6 billion in FCA recoveries in 2021, more than $5 billion came from health care enforcement.1 In addition, not included in the $5 billion total are health care recoveries by individual state Medicaid Fraud Control Units. The $5.6 billion recovered in 2021 is the second largest annual total in FCA history and the largest since 2014. Recoveries since 1986, when Congress substantially strengthened the FCA, now total more than $70 billion.2
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