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The purpose of the Federal statue of the False Claims Act is to prevent and punish fraud against the government (The American Health Lawyers Association, n.d.). The act provides monetary incentives for individuals to report fraud when they are aware of it. While this statute applies to all aspects of government business it is particularly relevant in the healthcare industry due to the large role the government plays in health care. In its enactment, dating back to President Lincoln, it was used to combat defense spending fraud however now claims are primarily due to health care fraud (The American Health Lawyers Association, n.d.).
The key language in the statute is that the individual has to knowingly present a false claim to the government. An individual who presents a false claim can be fined between $5,000 and $10,000 for each claim (The American Health Lawyers Association, n.d.). President Obama added new provisions that directly relate to the healthcare industry. For instance, if an overpayment is not returned this would be a violation of the False Claims Act and physicians cannot provide self-referrals (The American Health Lawyers Association, n.d.).
Do you think that the False Claims Act is necessary?
Would you feel comfortable coming forward under the False Claims Act to report fraud?
I think False Claims Act is necessary. The purpose of claims is to fairly reimburse a person for expense that he/she is not entitled to. However, this also opens opportunity for people to submit false claims and claim money that they did not spend. As the article suggests that this act was earlier used for defense spending. However when the general population is concerned the surface area for fraud is increased multifold and the possibility/risk of fraud is also increased.
Investigating the false claim and punishing the act may however require extensive effort from the government. However, this act should remain albeit for a purely preventive measure.
As a citizen, it is duty of everyone to come forward and report a false claim. I will feel comfortable reporting a false claim if I come across one.
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