December 09, 2019 Articles

Combating the Opioid Epidemic with the False Claims Act

The DOJ is getting more creative.

By Sean Bosack and Nina Beck

Part one in our False Claims Act (FCA) series. 

Part 2
Part 3

In an effort to combat the opioid epidemic, the Department of Justice is getting more creative with the tools in its toolbox. Case in point, federal prosecutors nationwide recently started using the False Claims Act, 31 U.S.C. §§ 3729–3733, to investigate health systems’ and prescribers’ opioid-prescribing practices.

This litigation update is the first in a multipart series on the False Claims Act in the health-care context. Part 1 provides a general overview of the False Claims Act. Future updates will explore various aspects of a False Claims Act action, including civil investigative demands, the interplay with the Controlled Substances Act and other federal statutes, special considerations for qui tam actions, cooperation credit, and settlement.

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