Recent Legal Developments

After undergoing major changes in 1986, the False Claims Act (FCA) was not amended again for over 20 years. However, the FCA’s period of stability has come to an end since it has been amended 3 times since 2009. The Fraud Enforcement and Recovery Act (FERA), the Patient Protection and Affordable Care Act (PPACA), and the Dodd-Frank Act (Wallstreet Reform Bill) have all amended the FCA in significant ways.

• Rule 9(b) Circuit Split
• Requirement of Specific Intent
• Civil Investigative Demands
• Public Disclosure Bar and Original Source Exception
• Knowing Retention of Overpayments

Defrauding an “Exchange” under the PPACA