Pending false claims cases still a question mark
Pending false claims cases still a question mark
The criticisms leveled by the General Accounting Office in its recent report on the Department of Justice’s oversight of False Claims Act cases primarily concern conduct prior to the issuance of the guidance in 1997 and early 1998, notes Jim Sheehan, chief of the civil division for the Eastern District of Pennsylvania. The real questions now are what cases are being looked at, what sorts of contacts are being made with defendants, what is being done with the information received, and what decisions are being made about whether to prosecute, he argues.
"There were things that were done in 1997 and early 1998 that raised legitimate concerns in Congress and as a result of those concerns, the Deputy Attorney General issued his memo," he says. "But if you look at the cases being prosecuted as opposed to what forms are being filled out, I think it is pretty clear that we have done what we are supposed to do.
"The question is, once you have an open investigation, sent a letter, and the guidance comes out, what should you do next?" asks Sheehan. On the one hand, the matter is pending. On the other hand, new review mechanisms are in place that limit the ability of prosecutors to send a demand letter or file a complaint. "What that means is the investigation remains in a pending status."
Sheehan says that any letters hospitals get in the future from U.S. attorneys offices — contact letters or follow-up letters — will be in compliance with the guidance. "There are still some issues to be worked out with respect to letters sent before [the guidance] and to make sure we are doing it right has taken some time," he adds. "But if you got a contact letter before and have not heard anything since, then no further action is going to be taken without full compliance with the guidance."
Subscribe Now for Access
You have reached your article limit for the month. We hope you found our articles both enjoyable and insightful. For information on new subscriptions, product trials, alternative billing arrangements or group and site discounts please call 800-688-2421. We look forward to having you as a long-term member of the Relias Media community.