TO IMPROVE PATIENT ACCESS TO HIGH-QUALITY HEALTHCARE OUTCOMES AT LOWER COSTS, THE FEDERAL HEALTH FRAUD LAWS NEED TO BE CHANGED AND SIMPLIFIED PART 3

Abstract

EDITOR'S NOTE: This article is Part 3 of a 3-Part series.

The FCA is a statute that imposes liability on parties for certain acts of knowingly submitting false claims for reimbursement to the government.[1]  The FCA applies not only to health fraud law issues, but also to any other false claim submitted to the U.S. government.[2]  The law was first passed into law in 1863.[3]  It was passed over concern of civil war troop suppliers submitting false claims to the Union Army.[4]  The law has been amended multiple times throughout history, in major part to bring the penalties in line with the current value of the dollar.[5]

[1] False Claims Act, 31 U.S.C. §§ 3729–3733 (West 2010).

[2] David S. Mitchell, Jr., An Introduction to the False Claims Act, Ark. Law., Summer 2016, at 26 (2016).

[3] The False Claims Act: A Primer, U.S. Department of Justice (Apr. 22, 2011), https://www.justice.gov/sites/default/files/civil/legacy/2011/04/22/C-FRAUDS_FCA_Primer.pdf.

[4] The False Claims Act: A Primer, U.S. Department of Justice (Apr. 22, 2011), https://www.justice.gov/sites/default/files/civil/legacy/2011/04/22/C-FRAUDS_FCA_Primer.pdf.

[5] The False Claims Act: A Primer, U.S. Department of Justice (Apr. 22, 2011), https://www.justice.gov/sites/default/files/civil/legacy/2011/04/22/C-FRAUDS_FCA_Primer.pdf.