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Review
. 2021 Jun 1;27(3):767-772.
doi: 10.1212/CON.0000000000000976.

False Claims Act Overview and Implications for Neurologists

Rachel V Rose, Joseph S Kass
Review

False Claims Act Overview and Implications for Neurologists

Rachel V Rose et al. Continuum (Minneap Minn). .

Erratum in

  • ERRATA.
    [No authors listed] [No authors listed] Continuum (Minneap Minn). 2021 Aug 1;27(4):1155. doi: 10.1212/CON.0000000000001055. Continuum (Minneap Minn). 2021. PMID: 34623110 No abstract available.

Abstract

The US Department of Health and Human Services Office of the Inspector General identifies the five most important federal fraud and abuse laws that are most applicable to physicians: the False Claims Act, the Anti-Kickback Statute, the Physician Self-Referral Law (Stark Law), the Exclusion Authorities, and the Civil Monetary Penalties LawThe False Claims Act is the US government's primary tool for combating fraud perpetrated through the filing of false claims for federal government reimbursement. Neurologists and companies serving the needs of neurologic patients have not been immune from False Claims Act-related legal action. This article provides an overview of the False Claims Act, uses real-life neurologic cases to illustrate the range of False Claims Act violations and recoveries, and offers some practical compliance suggestions.

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References

    1. Office of Inspector General, US Department of Health & Human Services. A roadmap for new physicians: fraud & abuse laws. Accessed April 6, 2021. oig.hhs.gov/compliance/physician-education/01laws.asp
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    1. Rose RV. Pleading ‘health care fraud and abuse’ under the False Claims Act in the Escobar era: surviving Rule 9(b) and Rule 12(b)(6) motions to dismiss. The Federal Lawyer (May 2018). Accessed April 6, 2021. fedbar.org/wp-content/uploads/2018/05/Rose-2-pdf-1.pdf
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