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Articles by Matt Curley
Eleventh Circuit Upholds FCA Qui Tam Provisions Against Appointments Clause Challenge
The Eleventh Circuit held that qui tam relators under the False Claims Act are not “officers of the United States” subject to the Appointments Clause, joining the Fifth, Sixth, Ninth, and Tenth Circuits in upholding the constitutionality of the FCA’s whistleblower provisions.
TIn one of its largest coordinated enforcement efforts to date, the Department of Justice recently announced charges against more than 300 defendants in connection with alleged healthcare fraud schemes. This year’s effort stood out not only for its scale but for the DOJ’s emphasis on using artificial intelligence and other advanced digital tools to support the investigation.
DOJ Releases Annual Civil Fraud Recovery Statistics and Results…A Look Behind the Numbers
On February 22, the Department of Justice (DOJ) released its annual report of civil fraud recoveries for FY2023, along with a press release highlighting DOJ’s civil enforcement efforts. Our top ten observations from DOJ’s release are: Total Recoveries Remain Low. The reported $2.69 billion total civil fraud recovery is the third-lowest total recovery since 2010. Healthcare Industry-Related Recoveries Continue Downward Trend.
Register Now: The Supreme Court and the False Claims Act Webinar Replay
The Supreme Court recently released important opinions that will shape False Claims Act investigations and litigation for years to come. Please join us on Wednesday, August 30 at 12 p.m. CT as we examine how these cases ended up before the Court, the Court’s analysis of these cases, and the lasting impact that these opinions will have for those dealing with False Claims Act-related issues.
Register Now: The Supreme Court and the False Claims Act Webinar
Please join us on Thursday, July 13 at 12pm CT as we examine how False Claims Act cases ended up before the Supreme Court, the Court’s analysis of these cases, and the lasting impact that these opinions will have for those dealing with False Claims Act-related issues. We also will look ahead to the False Claims Act cases that may make their way to the Supreme Court in the future. Who Should Attend?
Impact of Anti-Kickback Statute on Its 50th Anniversary
We were each quoted in a Law360 article examining the status of the Anti-Kickback Statute (AKS) on the 50th anniversary of the law’s passing, and offered our perspective, informed by both our practices advising healthcare providers on AKS issues and our experience as government attorneys dealing with AKS issues, on the legal challenges and disputes among the courts on how to apply the AKS and the current state of the enforcement environment encountered by healthcare providers as it relates...
A New Year of Changes at Inside the FCA
We wanted to update readers on improvements to our blog that you will see over the next few months. Along with giving the web page a new look, we will be publishing a series of posts to enhance our readers’ understanding of key False Claims Act issues. Each series will serve a different purpose, and the series will focus on the following: False Claims Act Fundamentals – This series will address fundamental concepts related to the False Claims Act, such as: What is the FCA? What is a relator?
Bass, Berry & Sims Included Among Leading FCA Defense Firms
Bass, Berry & Sims was recently recognized among leading False Claims Act (FCA) defense firms based on the number of FCA lawsuits in which the firm appeared on behalf of clients during the time period of 2016 through 2020. The third-party report was based on a review of federal court docket entries in FCA lawsuits throughout the country and listed firms based on the number of lawsuits and number of judicial districts in which the firms had appeared.
Impact of Supreme Court’s Escobar Decision on Fifth Anniversary
We explored the impact of the Supreme Court’s decision in Universal Health Servs., Inc. v. U.S. ex rel. Escobar to mark the fifth anniversary of this key False Claims Act opinion in a recent article for Law360.
Supreme Court Declines to Weigh in on Key Falsity Question
For several years, courts have wrestled with the question of whether subjective clinical decisions regarding the type and amount of treatment patients may need can be false for purposes of establishing False Claims Act (FCA) liability. The question of whether the FCA requires a showing of objective falsity has divided appellate courts in a number of recent high-profile cases.
Download and Register Now - Healthcare Fraud & Abuse Review and Webinar from Bass, Berry & Sims
Bass, Berry & Sims is pleased to announce the release of the newest edition of its Healthcare Fraud & Abuse Annual Review examining important healthcare fraud developments in 2020. Compiled by the firm’s Healthcare Fraud Task Force, the Review provides an in-depth and comprehensive analysis of the past year’s court decisions involving the False Claims Act, settlements involving significant fraud and abuse issues, and enforcement developments affecting the healthcare industry.
An Ounce of Prevention: Effective Corporate Policies for Dealing with Government Investigations and Inquires
One of the first indicators that may tip off a healthcare provider or government contractor that their organization may be the subject of a False Claims Act (FCA) investigation is contact with a government investigator. That contact may take many forms – service of a subpoena or Civil Investigative Demand (CID), an interview of an employee, or simply a phone call by a government regulator or investigator.
In the face of crisis, enforcement risk looms for long-term care providers
As long-term care providers brave the most significant public health crisis in our lifetimes, they also may find themselves at the center of an unprecedented increase in enforcement efforts driven by both government regulators and whistleblowers.
Just Released - The Healthcare Fraud & Abuse Annual Review
Ensuring compliance with the False Claims Act has never been more important for healthcare providers. Governmental personnel and policy changes along with multiple legislative developments at both the state and federal levels have contributed to an unsettled landscape for healthcare providers in 2020.
Just Released - Healthcare Fraud & Abuse Annual Review from Bass, Berry & Sims
Bass, Berry & Sims is pleased to announce the release of the 2019 edition of its Healthcare Fraud & Abuse Annual Review. Compiled by the firm’s Healthcare Fraud Task Force, the Review is an in-depth and comprehensive analysis of enforcement settlements, court decisions, and recent developments affecting the healthcare industry. The Review details all healthcare-related False Claims Act (FCA) settlements from last year, organized by particular sectors of the healthcare industry.
Providers facing heightened kickback scrutiny
As long-term care providers are well aware, practices that may be viewed as the norm in other industries are typically entirely off limits when they involve healthcare services paid for by government healthcare programs. Conferring benefits on referral sources in the form of above-market arrangements, sweetheart deals, or other perks may very well land healthcare providers in hot water.
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