It’s a Good Time to False Claims Act-Proof Your Marketing Practices

Over the last few years, we have seen many device makers and medical equipment suppliers settle criminal and civil healthcare fraud cases with the DOJ for more than $1 million, and some have included corporate integrity agreements. Device manufacturers continued to be a target of False Claims Act (FCA) litigation in 2018 and likely will continue to be in 2019. Although some theories advanced in recent cases and government investigations are novel, many are not. Enforcement agencies and relators continue to focus on off-label and misleading marketing as well as remuneration provided to providers to induce their use of a particular product.

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