Punting on the Issue of FCA and Statistical Sampling

In a much-anticipated U.S. Court of Appeals decision, the Fourth Circuit on February 14, 2017, in evaluating the issue of whether the government has veto power over False Claims Act (FCA) settlements, particularly where liability is established by use of statistical sampling, opted to forego rendering a decision on such issue, and leaving wide open the use and appropriateness of statistical sampling in FCA related cases. In May of 2016, we briefly highlighted the case of United States ex rel. Michaels v. Agape Senior Cmty., Inc. It was case involving a qui tam action that alleged a network of “twenty-four nursing homes located throughout South Carolina” engaged in “a widespread fraudulent scheme of submitting false claims to the federal healthcare programs of Medicare, Medicaid, and Tricare, seeking reimbursement for nursing home-related services.” To Read the Full Story, Subscribe, Download a Sample Issue, or Sign In       Related StoriesPharmaceutical and Device Manufacturers: Buyer Seller BewareLSCU SPECIAL FEATURE: Into the Nexus - Anti-Kickback Statute ("AKS") versus Value-Driven Health CareThe California Hurdle - SB 790 and Pharma 
Source: Policy and Medicine - Category: American Health Authors: Source Type: blogs