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Kaboom! The Explosion Of Qui Tam False Claims Under The Health Reform Law, Beverly Cohen

Beverly Cohen

Since its inception in 1863, the federal False Claims Act ["the Act"] has included provisions whereby citizens can assist in the detection and enforcement of frauds against the government. To increase fraud recoveries, the Act authorizes private citizens ("relators") to sue on behalf of the government ("qui tam" lawsuits) when they detect a fraud that is not already the subject of a federal enforcement action.

Periodically, Congress has adjusted the Act's qui tam provisions in order to balance its dual goals of creating, on the one hand, sufficient incentives for private parties to detect and pursue frauds, but to discourage, …