Bass, Berry & Sims attorney Jeff Gibson co-authored an article for the American Bar Association (ABA) outlining some of the tools a company may use in response to a False Claims Act (FCA) investigation. Jeff co-authored the article with Greg Russo, managing director at Berkeley Research Group, for the ABA’s Health Law Section. As the authors point out, the government has been very successful in recent years in pursuing allegations against healthcare companies accused of submitting false claims under the FCA. The article provides details on four investigative tools and how they can be used during the course of a government investigation. While not an exhaustive list, the following four tools are considered best practices to employ during the course of an investigation:

  1. Document Review
  2. Witness Interviews
  3. Clinical Review of Treatment at Issue
  4. Data Analysis

The article, “False Claims Act – Investigative Tools of the Trade,” was published by the ABA’s Health Law Section on April 30, 2018, and is available online.