On February 4, Bass, Berry & Sims released the ninth annual Healthcare Fraud & Abuse Review 2020, examining important healthcare fraud developments from the past year. As expected, issues surrounding the receipt of COVID-19 relief funds will be a significant area of focus for the government as it ratchets up scrutiny of healthcare companies in 2021.
The raw numbers suggest that the pandemic impacted investigations, litigation and civil fraud recoveries during federal fiscal year 2020, which ended Sept. 30, 2020. Recoveries by the U.S. Department of Justice (DOJ) in FY 20 declined nearly 30% compared with the prior fiscal year, dropping to $2.2 billion from the $3.1 billion collected in FY 19. One thing that has not changed, however, is the fact that recoveries from healthcare-related cases continued to comprise the overwhelming percentage of total recoveries, amounting to more than $1.8 billion of the total.
This year’s Healthcare Fraud & Abuse Review examines the following:
- Issues for the healthcare industry to watch in 2021.
- Enforcement implications of the Coronavirus Aid, Relief, and Economic Security (CARES) Act /COVID-19 relief.
- Noteworthy False Claims Act settlements from 2020.
- Comprehensive coverage of significant False Claims Act decisions.
- Notable developments involving the Stark Law and Anti-Kickback Statute.
To read some of the media coverage surrounding the release of the Review, click the links below:
- “U.S. Supreme Court Declines to Hear Hospice False Claims Case,” Hospice News (February 23, 2021)
- “Radiology Could Witness ‘Enforcement Perfect Storm’ as Feds Ratchet Up Pressure in 2021,” Radiology Business (February 9, 2021)
- “Regulators Have Eyes Fixed on Hospice Fraud Cases,” Hospice News (February 5, 2021)
- “Behavioral Health Industry Saw ‘Marked Uptick’ in FCA Settlements in FY 2020,” Behavioral Health Business (February 5, 2021)
- “COVID-19 Funding Presents an ‘Enforcement Perfect Storm’ for Home Health Providers, Others,” Home Health Care News (February 4, 2021)
- “Healthcare Companies Should Expect Increased Fraud Enforcement in 2021,” PR Newswire (February 4, 2021)