The federal government is expanding its health care fraud efforts on both the criminal and civil sides, signaling a much more aggressive effort to pursue actions under the False Claims Act and the federal Anti-Kickback Statute. The Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services announced it is creating a new litigation team dedicated to pursuing civil penalty and exclusion cases. At least 10 attorneys will be dedicated to enforcing the OIG’s guidance on fraud matters and pursuing cases that the U.S. Department of Justice (DOJ) does not pursue.
As part of its stepped-up efforts, in June the OIG issued a fraud alert aimed at warning physicians about financial arrangements that can create risk of litigation under the federal Anti-Kickback Statute. The alert highlighted 12 civil, monetary penalty settlements with physicians who had a variety of financial arrangements with hospitals, home health agencies and other entities.
