Some notable developments in recent months may have opened a window of opportunity for health care providers with fraud and abuse problems. Previous columns have described the federal government’s ongoing war on massive fraud in the health care industry. During the past 10 years, that war has resulted in billions of dollars in recoveries by the government from virtually every segment of the industry, including hospitals, nursing homes, clinical laboratories, drug companies and home health care providers.
This has been a highly public war, generously funded and staffed, and aggressively waged as befits its status as second in importance (after the war on violent crime) in the Justice Department’s order of priority. The publicity surrounding criminal convictions and even civil judgments and settlements has served multiple purposes: trumpeting the government’s success, further penalizing the target with negative publicity and sending a clear warning to the industry as a whole that it had better be operating within the rules.
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