Hospices and the False Claims Act Series

The False Claims Act (FCA) is the government’s most serious weapon to combat fraud in the healthcare community, and hospices are increasingly the target of FCA investigations and lawsuits. The United States Supreme Court is, for the first time, considering FCA cases involving hospices and certifications of terminal illness. Moreover, the relief funds disbursed by the government to hospices as a result of the COVID-19 pandemic add to the existing and substantial number of bases of potential FCA liability for hospices. Aggressive government investigation, enforcement efforts and increased whistleblower activity is coming. Hospices can and should prepare for this new environment. In this series, Meg Pekarske talks with Husch Blackwell attorneys Bryan Nowicki, Jody Rudman and Brian Flood about emerging issues involving hospices and the FCA. Bryan, Jody and Brian will share their experiences as seasoned litigators in FCA cases to help hospices understand the FCA trends affecting hospices, and provide practical guidance to help hospices prepare themselves to preempt, combat and successfully face FCA allegations.

Proposed Amendment Would Increase Liability Risk

The False Claims Act is a powerful enforcement tool used to go after those who defraud the government. Unfortunately, the wide net cast by the False Claims Act can lead to extremely negative consequences for upstanding hospices. In this episode we discuss a proposed amendment to the False Claims Act that would widen that net even further, and describe the mounting opposition to this legislation: https://bit.ly/3yEqq0b.

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Photo of Meg S.L. Pekarske Meg S.L. Pekarske

Meg has devoted her legal practice to serving the everchanging legal needs of the hospice industry. As chair of Husch Blackwell’s Hospice and Palliative Care Practice Group, she manages the firm’s hospice practice. In working day in and day out with hospice clients

Meg has devoted her legal practice to serving the everchanging legal needs of the hospice industry. As chair of Husch Blackwell’s Hospice and Palliative Care Practice Group, she manages the firm’s hospice practice. In working day in and day out with hospice clients across the country, Meg is intimately familiar with the operational challenges of hospices and has the experience to address the full spectrum of legal issues facing the industry, from routine regulatory compliance issues to multimillion dollar Zone Program Integrity Contractor (ZPIC), Medicaid and other government audits. Additionally, Meg routinely advises hospices on palliative care program development, innovative inpatient unit structures, fraud investigations and a wide range of contracting issues. With an extensive background in long-term care, Meg brings a unique perspective and skill set to helping hospices create successful partnerships with nursing homes and assisted living facilities and providing quality end-of-life care to patients.

Photo of Bryan K. Nowicki Bryan K. Nowicki

I lead the litigation and internal investigation efforts within Husch Blackwell’s Hospice and Palliative Care Practice Group. I work with hospices and healthcare providers across the country on a range of litigation, regulatory, compliance, and business matters. I represent clients in False Claims…

I lead the litigation and internal investigation efforts within Husch Blackwell’s Hospice and Palliative Care Practice Group. I work with hospices and healthcare providers across the country on a range of litigation, regulatory, compliance, and business matters. I represent clients in False Claims Act lawsuits, state and federal government fraud investigations, and audits by Zone Program Integrity Contractors (ZPICs), Medicare Administrative Contractors (MACs), and Medicaid Integrity Contractors (MICs). I also conduct and manage internal investigations of hospices and health care providers regarding a range of compliance matters.