The Department of Justice (DOJ) proclaimed 2012 as yet another health care fraud record-breaker. Of $4.9 billion in total False Claims Act (FCA) recoveries, over $3 billion was recovered in health care fraud actions.
The Federal Prosecutor As Regulator
In the heavily regulated health care sector, the line between human error and a knowing "false claim" can be indistinct, aided and abetted by prosecutors' reliance on the FCA-defined concepts of "reckless disregard" and "deliberate ignorance" as proxies for proof of actual knowledge.
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