Garfunkel Wild’s David Traskey, Partner and former Senior Counsel with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) was quoted in the article, “After Two Self-Disclosures to OIG, Provider Settles FCA Case for $34M”, in the Report on Medicare Compliance (Volume 35, Number 4) published by the Health Care Compliance Association (HCCA). David gives an OIG insider’s view of the case and settlement.
“It’s a really big settlement. You don’t typically see cases of this size disclosed only to OIG,” said former OIG senior counsel David Traskey.
“It’s unusual for an FCA settlement to surface after an OIG self-disclosure,” said Traskey, with Garfunkel Wild. It typically happens in two situations: (1) when the disclosing party (e.g., the provider) wants a global resolution under both the FCA and the CMPL or (2) when the disclosing party makes simultaneous disclosures to OIG and DOJ. “This happens because only OIG can grant a CMPL release of its permissive exclusion authorities, while only DOJ can give an FCA release,” he noted.
Providers are more prone to pursue both releases when “big dollars are at stake,” Traskey said. “Having that global resolution helps the disclosing party sleep a little easier.”
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