Beyond the False Claims Act: The Government’s Untraditional Tools in Health Care Fraud Prosecutions
- February 26, 2020
- A. Lee Bentley III , Bradley Arant Boult Cummings LLP
- Jason Mehta , Foley & Lardner LLP
Abstract
This article explores the Department of Justice’s (DOJ) role in health care enforcement. The article specifically tracks both traditional and more novel statutes that DOJ is using to prosecute its cases, including a discussion of the Department’s use of the Travel Act, the Racketeering Influenced and Corrupt Organizations Act (RICO), and the Eliminating Kickbacks in Recovery Act (EKRA) statute. In doing so, the article explains the elements of these statutes and highlights several recent case examples. The article concludes with several practical considerations for health care practitioners and those who advise practitioners.
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