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Strafford - Healthcare Fraud and Abuse in a Tougher Enforcement Environment

Event | 04.08.10, 12:00 AM UTC - 12:00 AM UTC

2009 was a record year for recoveries due to fraud and abuse in the healthcare industry. Recent government settlements included $100 million from one hospital and $2.3 billion from a major pharmaceutical. Clearly, healthcare fraud is a top priority for federal government enforcement.

Moreover, key changes to False Claims Act (FCA) in the Fraud Enforcement and Recovery Act of 2009 (FERA) expanded liability of healthcare providers and significantly extended the Department of Justice’s investigational authority.

As federal and state authorities continue to vigorously pursue and prosecute healthcare fraud and abuse, healthcare providers and counsel must scrutinize internal compliance programs to minimize and mitigate risks of FCA violations and whistleblowers actions.

The authoritative panel of healthcare attorneys examines the impact on the healthcare industry of recent FCA changes and the passage of FERA, discusses current government enforcement trends, and offers strategies for implementing and maintaining compliance programs.

Michael Paddock is speaking at this event.

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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