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The False Claims Act and Health Care Fraud: An Overview (CRS Report for Congress)

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Release Date July 10, 1998
Report Number 98-602
Report Type Report
Authors Kathleen S. Swendiman, American Law Division
Source Agency Congressional Research Service
Summary:

The Federal False Claims Act, 31 U.S.C. ¿¿ 3729-3733, provides for judicial imposition of civil monetary penalties and treble damages for the knowing submission of false claims to the United States Government. Originally enacted in 1843, the statute was amended in 1986 in several respects, including increasing the penalty provisions, and making it easier for whistleblowers to file " qui tam " actions on behalf of the federal government. Use of the False Claims Act for fraudulent health care claims has increased dramatically in the last few years. H.R. 3523 , and a companion bill, S. 2007 , the Health Care Claims Guidance Act, would amend the False Claims Act to set forth special rules to be applied in cases where an action is brought under the False Claims Act based on claims submitted under Medicare, Medicaid, the Children's Health Insurance program, and CHAMPUS.