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The False Claims Act

Learn about the False Claims Act, including falsity, the scienter requirement, materiality, and reverse false claims.

Transcript

During the Civil War, vendors committed fraud on the Union Army, including by selling the army sick mules. In response, Congress passed the False Claims Act, which provides a cause of action against anyone who submits false claims to the federal government.

In modern times, the federal government frequently uses the False Claims Act to police fraud and abuse in healthcare. Concerned individuals may also file lawsuits, called qui tam actions, alleging violations of the False Claims Act. Qui tam...

Lessons

1. Welcome
  • Welcome to Healthcare Law
2. Health Insurance
  • Medicare
  • Medicaid
  • Private Rights Enforcement
  • ERISA
  • ERISA Preemption and Remedies
  • ERISA Remedies and ACA Reforms
3. The Structure of Healthcare Entities
  • The Professional Workforce
  • Forming a Healthcare Entity
  • Fiduciary Duties at Healthcare Entities
  • Tax-Exempt Status
  • Joint Ventures and Tax-Exempt Status
4. Fraud and Abuse in Healthcare
  • The False Claims Act
  • The Anti-Kickback Statute
  • Stark Law
  • Enforcement Mechanisms
  • Qui Tam Actions
5. Antitrust Issues in Healthcare
  • Overview of Antitrust Laws in Healthcare
  • Mergers and Acquisitions in Healthcare
  • Working with Competitors
  • Payers with Market Power
6. Tort Liability of Healthcare Entities
  • The Physician-Patient Relationship
  • Physician Duties Regarding Information
  • Physician Duties Regarding Clinical Care
  • Hospital and Health Plan Liability
7. Recurring Legal Issues in Patient Care
  • Reproduction and Birth
  • Organ Transplantation
  • Research Involving Human Subjects
  • The End of Life
  • Health Privacy
  • Discrimination in Healthcare
8. Public Health Law
  • The Police Power
  • Free Exercise Challenges
  • Noncommunicable Conditions