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ARTICLE · 16 JULY 2001

Preparing For The Wave Of Whistleblower Lawsuits

United StatesFood, Drugs, Healthcare, Life Sciences
Robert Homchick
Robert Homchick

Introduction
The stage is set. With the increase in federal funding for health care fraud enforcement over the past three years and the heightened awareness of the "whistleblower" or qui tam provisions of the False Claims Act, 1999 may well be the year when a whistleblower suit hits home. Understanding both the unique features of the False Claims Act (FCA) - and how it is being used by regulators, entrepreneurial attorneys and others - can help you prepare for, respond to (and perhaps even avoid) such claims.

The False Claims Act
The Federal False Claims Act ("FCA") has emerged as the weapon of choice in the government's war against fraud in the health care industry. A provider or payor may violate the FCA if it:

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