New DOJ Memo Shifting Government Policy in False Claims Act Cases Should make Healthcare Providers Happy!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On January 29, 2018, the U.S. Department of Justice (DOJ) released a new internal memorandum that we believe signals a backing-off of government support for False Claims Act cases. The memorandum sent by Associate Attorney General Rachel Brand, references “vast reams” of government agency guidance explaining the government’s views and interpretation of various laws. It includes laws related to requirements for accurate billing of Medicare and Medicaid by healthcare providers.
The “Brand Memorandum.”
In the memo, Brand said the DOJ “may not use its enforcement authority to effectively convert agency guidance documents into binding rules.” The memo is a product of Attorney General Jeff Sessions’ move in November 2017, to curtail “regulation by guidance.”
It states that it specifically applies to civil enforcement of laws, […]
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law