Matthew Krueger, Pamela Johnston, and Judith Waltz Quoted on Enforcement Targets in COVID-19 Fraud Cases

Foley & Lardner LLP Partners Matthew Krueger, Pamela Johnston, and Judith Waltz discuss predicted targets of false claims investigations this year in the article, “Outlook 2022: COVID-19 Fraud May Factor in Cases ‘Based on Different Allegations’,” in the Report on Medicare Compliance, published by the Health Care Compliance Association (HCCA).

It’s expected that COVID-19 waivers will be ripe for False Claims Act (FCA) cases if they have been misused. “We will start to see fallout from things that happened during the public health emergency,” said Waltz.

Krueger stated that he expects “to see real momentum in the priorities [the Biden administration has] set forth” and there is “a pretty consistent message from the U.S. Department of Justice (DOJ)” and the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG) that they are focusing on fraud in telehealth, Medicare Advantage, prescription drugs, the Anti-Kickback Statute, COVID relief funds, cybersecurity, data privacy, and electronic health records.

Johnston adds that “it make take time for DOJ’s plans to fall into place because nominees for some of the top spots haven’t been confirmed or people haven’t been nominated.”