In June 30, the U.S. Department of Justice (DOJ) released an interim final rule that implements provisions
of the Bipartisan Budget Act of 2015 (Act) which updated civil
monetary penalties assessed or enforced by the DOJ that had not
been changed for years. The Act substantially revised the prior
provisions related to inflation adjustment for penalties and
substituted a different statutory formula for calculating
adjustments on an annual basis.
Under the DOJ's new rule, healthcare providers that violate
federal fraud regulations will pay nearly twice as much in
penalties. Civil monetary penalties for False Claims Act (FCA)
violations will increase from a minimum fine of $5,500 to $10,781
per claim. Maximum penalties for FCA and Anti-Kickback Statute
violations will increase from $11,000 to $21,563 per claim. The new
penalties will take effect on August 1 and will apply only to
violations that occurred after November 2, 2015. Public comments on
the proposed rule will be accepted through August 29.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
