Foley Partner Lawrence Vernaglia was quoted in an article that appeared in InsideCounsel on July 1, 2010 titled “PPACA Expands the Health Care Industry’s Liability Risk.” Vernaglia discusses changes made to the False Claims Act (FCA) under the Patient Protection and Affordable Care Act (PPACA) reform law, stating that the big FCA change is a weakening of the public disclosure bar. He notes that the change will allow more people to bring more false claims cases and create a new industry of lawyers and other consultants who will mine data in order to try to build a case. He adds that it is cost effective to have a good compliance infrastructure in place in advance of a problem as the government begins using fraud and enforcement mechanisms as a revenue generation tool.
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