Government Contracting Law Report Publishes Salcido Articles on False Claims Liability for Overpayments

Government Contracting Law Report has published the two-part article “Understanding When an Overpayment Can Result in False Claims Liability and Why Current Court Precedent and Regulatory Guidance is Mistaken,” written by Akin Gump health partner Robert Salcido.

The articles discuss the issue of when and how a health care entity has a duty to disclose an overpayment to the government. Salcido writes it is “one of the most vexing issues” a health care entity may face, yet it arises when “an employee expresses concern about a claim or an internal audit or review questions a claim, or a Medicare Administrative Contractor inquires into a claim.”

In the first installment, which ran in the March issue of the publication, Salcido looks at Congress’ 2009 False Claims Act amendments. The second installment, published in the April issue, addresses the Affordable Care Act amendments and relevant regulatory and case law development.

To read the first article, please click here. For the second, click here.