Reducing False Claims Act Exposure in the Aftermath of COVID-19 Legislation
With the government pledging to prioritize fraud related to coronavirus programs, and the False Claims Act their principle enforcement tool, attorneys at Akin Gump provide recommendations for companies to reduce their exposure:
- Stay actively abreast of the government’s rules and regulations regarding payment and, when those rules are ambiguous, adopt a reasonable interpretation of what those rules require and document the deliberative process.
- Communicate to the government, in writing, their understanding of the underlying rules, because courts find that if the government continues to pay notwithstanding an alleged breach, the breach is not likely material to the government’s payment decision.
- Reduce exposure to FCA retaliation actions by documenting the basis for employment terminations.
