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The Health Reform Law Significantly Increases the Risk of Protracted Fraud and False Claims Act Investigations in the Health Care Industry

The media coverage surrounding passage of the Patient Protection and Affordable Care Act of 2010 (as amended by the Health Care and Education Reconciliation Act of 2010) (the “Act”) largely focused on the impact on the insurance industry. However, within the Act’s more than 900 pages are more than 32 sections related to healthcare fraud and abuse and program integrity. These provisions make significant amendments to existing criminal, civil, and administrative anti-fraud statutes, including significant amendments to the Anti-Kickback Statute and False Claims Act.