False Claim

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The False Claims Act

The False Claims Act is an American federal law that covers fraud involving any federally funded contract or program. It is the federal government primary tool in combating fraud against the government. Recent legislation, such as the Fraud Enforcement and Recovery Act of 2009 and the Patient Protection and Affordable Care Act of 2010, has broadened the scope of the False Claims Act. The definition of a false claim has been expanded, so now any false statement that is material to a claim can be actionable and liability has been expanded to knowingly failing to repay an overpayment (Cardinal 2013). According to the Wikipedia, this American federal law imposes liability on persons and companies typically federal contractors who defraud governmental programs. The law includes a qui tam provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government informally called "whistleblowing” especially when the relator is employed by the organization accused in the suit. Qui Tam. Qui Tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed (wiki 2015). Its name is an abbreviation of the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning “he who sues in this matter for the king as well as for himself” (Wiki, 2015).
There are many legal and regulatory principles and concepts affecting the issue and compliance with regulatory bodies. According to the national conference of state legislators, Specifically federal statute or the Center for Medicare and Medicaid Services (CMS) Regulation require states to: 1. Collect and verify basic information on potential providers, including whether the providers meet state licensure requirements and are not prohibited from participating in…...

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