Compliance, Investigations & White Collar
False Claims Act Defense
Investigations and lawsuits brought under the federal False Claims Act (“FCA”) and its state counterparts have become permanent features of the healthcare regulatory landscape. The severe penalties imposed under false claims statutes make these “bet the company” cases.
Rivkin Radler has a deep reservoir of legal experience and talent to assist clients in responding to and defending against FCA investigations of all kinds. We offer services to all segments of the health care industry. We can assist clients faced with FCA allegations based on issues such as
- Billing for medically unnecessary services or services not rendered
- Wrongful retention of overpayments
- “Off-label” marketing or other drug/device misbranding or adulteration
- Violations of the Anti-Kickback Statute and Stark Self-Referral Law
We can assist clients in attempting to resolve these investigations early enough in the process to mitigate these harms. We can handle all phases of FCA litigation including assistance responding to government information requests such as Civil Investigative Demands, pre-litigation efforts aimed at the government’s intervention decision, motion practice to dismiss non-intervened whistleblower actions and, where necessary, we also can advise on how best to interpret and mitigate the risks presented by FCA investigations.
We can also assist clients in handling the aftermath of FCA investigations, which frequently require accepting an independent monitor and entering a corporate integrity agreement with the government. Finally, we can help anticipate and address compliance risks before they come to the attention of regulators.