FALSE CLAIMS ACT

Most FCA recoveries related to healthcare

False Claims Act cases increased dramatically in 2023. The Justice Department recovered a record-breaking amount of settlements and judgments from False Claims Act cases last year, and most of those cases were related to healthcare cases.

Many of the notable settlements in 2023 were related to long-term care or post-acute facilities, Polsinelli attorney Dayna Staron said.

The DOJ recovered almost $2.7 billion across all industries over a 12-month period. That’s an increase of approximately 20% over the prior year’s figure, which was approximately $2.2 billion. Of the almost $2.7 billion recovered, around $1.8 billion was related to healthcare, including complaints against long-term care facilities, managed care, hospitals, pharmacies, labs and physicians.

COVID DEFENSE

COVID negligence case sent back to state court

A group of owners and operators who have tried at least three times to argue that the COVID-related civil cases in which they are embroiled belong in federal court has been defeated again.

A three-judge panel of the Circuit Court of Appeals ruled Friday that the defendants in four consolidated lawsuits must face proceedings in New Jersey. They had requested last year that their case be immediately removed to federal court to consider whether the healthcare provider immunity granted through the Public Readiness and Emergency Preparedness Act would preempt the plaintiff’s arguments.

The judges remanded the case without a hearing or extended opinion, offering instead a simple two-page order.

Six of the 13 US Circuit Courts have issued similar rulings on the PREP Act. The Supreme Court in 2022 declined to take up a case that could have decided once and for all where COVID lawsuits against nursing homes and other healthcare providers should be heard.

Excelas’ robust Comprehensive Integrated Timeline Tool (CITT, pronounced “kit”) allows clients to incorporate key data with guidelines, regulations and standards in a variety of situations.

The simple solution to the complex issue of organizing and presenting your COVID documentation, aligned with your defense strategy – the COVID-19 Comprehensive Integrated Timeline Tool.

ENTERPRISE RISK MANAGEMENT

Excelas supports ERM programs

Excelas, LLC supports our clients’ ERM programs through data abstraction, audits of medical and related records, and record production support.

EMPLOYEE APPRECIATION DAY

March is Women’s History Month

Excelas, LLC, a woman-owned business, proudly celebrates the achievements of women and those who support them!