BC Advantage - 2016 Issue 9

FCA EXPRESS CERTIFICATION

Theories of Liability - There are three (3) recognized legal theories under which False Claims Act (FCA) liability may be established; the FCA Express Certification, Implied Certification, and Worthless Services theories. As you may know, the FCA is the government's primary fraud fighting tool, and prohibits the presentation of false claims for payment by the government. It is used most often, but not exclusively, in health care fraud matters. The FCA was amended to prohibit the holding of identified overpayments as well.FCA Express Certification - In any regard, the most common theory relied upon by the government and...

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