Robert Salcido Pens FCA Article for Journal of Health & Life Sciences Law
Akin Gump health care and life sciences practice partner Robert Salcido’s article “The False Claims Act: Is it Narrowly Intended to Protect the Treasury or Broadly Intended to Enforce All Rules and Regulations?” has been published by the Journal of Health & Life Sciences Law.
According to the article’s abstract:
As False Claims Act (FCA) recoveries have skyrocketed, more plaintiffs have filed lawsuits urging broader theories of liability. Under the broadest view, the FCA acts as a super-statute that enforces all rules and regulations underlying federal health care programs regardless of whether (i) there is a direct link between the violation and the government’s determination to pay the claim, and (ii) the government has created administrative remedies to address the breach. The alternative narrow view is that the FCA applies only when there is direct linkage between the alleged breach and the government’s confronting immediate financial detriment. This Comment evaluates both perspectives in light of recent case law developments and concludes that the FCA’s language, history, case law, and policy better supports the narrow view.
Salcido’s practice focuses on defending lawsuits brought under the FCA and defending wrongful retaliation lawsuits brought by alleged whistleblowers.