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Staying Prepared: Hospices and the False Claims Act, Part III - Success in False Claims Act Lawsuits



July 14, 2021
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Hospice & Palliative Care 


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Hospice and the False Claims Act Series

The False Claims Act (FCA) is the government’s most serious weapon to combat fraud in the healthcare community, and hospices are increasingly the target of FCA investigations and lawsuits. The United States Supreme Court is, for the first time, considering FCA cases involving hospices and certifications of terminal illness. Moreover, the relief funds disbursed by the government to hospices as a result of the COVID-19 pandemic add to the existing and substantial number of bases of potential FCA liability for hospices. Aggressive government investigation, enforcement efforts and increased whistleblower activity is coming. Hospices can and should prepare for this new environment. In this 3-part series, Meg Pekarske talks with Husch Blackwell attorneys Bryan Nowicki, Jody Rudman and Brian Flood about emerging issues involving hospices and the FCA. Bryan, Jody and Brian will share their experiences as seasoned litigators in FCA cases to help hospices understand the FCA trends affecting hospices, and provide practical guidance to help hospices prepare themselves to preempt, combat and successfully face FCA allegations.

Today's Episode: Success in False Claims Act Lawsuits

In this third episode of the Husch Blackwell Hospice Team’s “Hospice and the False Claims Act” series, Meg PekarskeBryan NowickiJody Rudman and Brian Flood discuss the process and path of a False Claims Act (FCA) lawsuit. FCA cases are a test of endurance as much as they require expert marshalling of facts and law. The Hospice Team gives the insider’s view of an FCA lawsuit, including how hospices and their attorneys work together to identify strengths and weaknesses, manage expectations and develop a winning strategy. 

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Jody L. Rudman

Office Managing Partner

Brian G. Flood