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Mitigating False Claims Act Liability Risks for Healthcare Recipients of COVID-19 Funding

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, March 24, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will guide healthcare counsel on potential False Claims Act (FCA) liability for healthcare providers who have received COVID-19 federal funding. The panel will discuss the FCA and different theories of liability and risk areas, as well as offer best practices for mitigating FCA risks.


Many healthcare providers have received funds from the federal government to survive the ongoing pandemic. Providers receiving and using federal funds should take compliance seriously. There are potential liability risks under the False Claims Act (FCA) specific to the healthcare industry's response to the COVID-19 pandemic.

Healthcare providers have typically found themselves targets of FCA enforcement because they participate in Medicare and/or Medicaid. Potential liability can arise in nuanced circumstances. Liability may arise when a provider bills for services that it provided but that are later claimed to have been unnecessary. Medicare Advantage Plans, nursing homes, and telehealth providers may face particular challenges.

Healthcare providers and their counsel must be vigilant in their compliance to mitigate FCA liability risks and reduce the likelihood of potential allegations of false claims brought by the government or whistleblowers. Compliance should include diligent recordkeeping, adhering to billing and coding rules when submitting COVID-19 related claims, proper training, internal audits, and monitoring, among other things.

Listen as our authoritative panel of healthcare attorneys examines potential FCA liability for recipients of COVID-19 federal funding. The panel will discuss the FCA and different theories of liability and risk areas.



  1. FCA and COVID-19 related funding for healthcare providers
  2. Types of FCA cases that may be brought
  3. False certification theory
  4. Governmental scrutiny
  5. Best practices for avoiding FCA liability


The panel will review these and other relevant issues:

  • What steps can counsel take to ensure compliance when expending relief funds?
  • What are the reporting requirements that impact healthcare providers?
  • What practices can counsel and providers employ to be prepared for enforcement activity?


Morrison, Bill
Bill Morrison

Haynes and Boone

Mr. Morrison represents national healthcare providers in a broad range of litigation and compliance matters involving...  |  Read More

Issar, Neil
Neil Issar

Haynes and Boone

Mr. Issar's practice focuses on government investigations, white collar defense, fraud and abuse laws (including...  |  Read More

McDonald, Taryn
Taryn McDonald

Haynes and Boone

Ms. McDonald’s practice focuses on assisting both individuals and corporations facing actual or threatened...  |  Read More

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