False Claims Act (FCA) cases are among the most significant risks faced by health care businesses today. More aggressive and sophisticated regulators, combined with federal and state laws providing a substantial financial incentive to employees, competitors, suppliers and others to initiate civil proceedings alleging fraudulent practices through “whistleblower” actions, has resulted in significant judgments and settlements against health care providers.
Johnson Pope’s Health Care Group and Litigation Group have extensive experience in defending health care businesses in qui tam (whistleblower) and government-initiated FCA lawsuits. Our experience includes matters involving federal health care programs including Medicare, Medicaid, TRICARE. Johnson Pope attorneys also have experience in related defense matters, including suspension, debarment and exclusion from federal and state health care programs. We respond to government agency investigations, and routinely assist clients with internal investigations. Recognizing that the vast majority of the recoveries in FCA cases flow from the cases in which the government intervenes, we work aggressively early in the investigative stage to discourage government intervention.