Attorney Mysty Blagg quoted in McKnight’s Long-Term Care News, discusses future enforcement insights for 2023 that can be gleaned from the Department of Justice’s press release on False Claims Act (“FCA”) enforcement in 2022 (link to press release).  The FCA provides a civil remedy when a party knowingly presents or causes a false claim to be presented to the government for payment.

The healthcare industry has represented a significant proportion of FCA enforcement in recent years, with the nursing home industry being the source of many of those cases.  The FCA’s whistleblower provisions provide a financial incentive for individuals to bring FCA claims on behalf of the government.  One of the best ways to mitigate the risk of FCA complaints is by having an effective compliance program, including mechanisms for internal complaints and investigations.