Whistleblowers have been responsible for stopping unnecessary, improper, and fraudulent medical care provided to patients — whether in hospitals, through hospice programs, in nursing facilities, or in other settings — that defrauds Medicare and Medicaid. Health care fraud has been linked to skyrocketing health costs. Billions of dollars in health care fraud has been exposed through whistleblower reporting under the False Claims Act.

The FCA is the government’s key tool in identifying and prosecuting false claims for government funds under a variety of government contracts including Medicare and Medicaid.  Frequently the individuals who are in the best position to identify fraud are the employees who work there. To encourage individuals to step forward, the government rewards health care fraud whistleblowers by giving them a percentage of any funds recovered.

Join the Federal Bar Association’s Qui Tam Section as it provides fresh analysis on the rapidly changing landscape of FCA enforcement in the area of medical necessity. This two-day conference on February 28 and March 1, 2019 will feature experienced FCA litigators from a variety of perspectives who will dive into advanced topics and discuss the latest developments, practices, and pitfalls pertaining to the FCA. Take this opportunity to interact with leading practitioners in the field while earning CLE credit and enjoying multiple networking events. Register now at www.fedbar.org/quitam19.  

Attendees of the 2019 Qui Tam Conference in Washington, D.C. will have a front row seat to the dynamic panel on “Subjectivity: Medical Necessity, Medical Judgment, Science Grants.” Moderator Sarah Mary Frazier (Partner, Berg & Androphy) explains, “We will be talking about what some might call ‘close calls’ in terms of medical decisions, and how those might impact False Claims Act cases, either by an attack on [the element of] intent or an attack on the element of falsity. It’s an interesting area [and] a hot topic for the last few years.”

Distinguished panelists Sarah Mary Frazier (Partner, Berg & Androphy), Tarra DeShields (Assistant U.S. Attorney, Civil Division, District of Maryland, U.S. Department of Justice), David L. Douglass (Partner, Sheppard, Mullin, Richter & Hampton LLP), and Nola J. Hitchcock Cross (Attorney, Cross Law Firm, S.C.) will discuss FCA and medical necessity, enforcement trends, health care fraud, and recent case law developments.

This prestigious panel will explore the recent decisions in United States ex rel. Polukoff v. St. Mark’s Hosp.United States v. Paulus, and United States of America v. GGNSC Admin. ServsSpeakers will address to what extent Polukoff and Paulus broaden the scope of potential liability in medical judgment cases and whether other circuits or the Supreme Court will follow those rulings and allow cases to proceed to a jury trial on the basis of disputed expert testimony. Additionally, panelists will examine the question of whether, and if so when, disputed medical judgments can give rise to FCA liability.

Click here to hear more from moderator Sarah Mary Frazier on what to expect from this panel and sign up today for the Qui Tam Conference at www.fedbar.org/quitam19.  We look forward to seeing you at the FHI 360 Conference Center on February 28 and March 1 for the Qui Tam Conference! 

Stacy Slotnick, Esq. holds a J.D., cum laude, from Touro Law Center and a B.A., summa cum laude, from the University of Massachusetts Amherst. She performs a broad range of duties as an entertainment lawyer, including drafting and negotiating contracts; addressing and litigating trademark, copyright, patent, and other IP issues; and directing the strategy and implementation of public relations, blogging, and social media campaigns.