One of the lesser-known sections of the Patient Protection and Affordable Care Act of 2010 (“Affordable Care Act”), colloquially known as ObamaCare, provides expansive amendments to the False Claims Act (“FCA”).1 While these amendments are not retroactive,2 they will most likely increase the amount of FCA-based claims in the future.
The FCA provides that a person or company who knowingly submits a false claim to the government may be held civilly liable for treble damages. Private whistleblowers, also referred to as “relators,” may bring a suit on behalf of the government pursuant to the FCA, called a “qui tam” suit, and, if successful, share in the recovery. The relator’s portion of the recovery from a qui tam lawsuit will vary based upon the Department of Justice’s involvement in the case, as well the quality of the relator’s evidence. Click here to read more.
1 See Pub. L. 111-148, § 10104(j)(2), 124 Stat. 119, 901-02.
2 See Graham County Soil and Water Conservation District et al. v. U.S. ex rel. Wilson, 559 U.S. 280, 283 n. 1.
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