Affordable Care Act Repeal and Impact on False Claims Act Liability and Defenses



Rebecca Martin and Tony Maida wrote this bylined article on the possible effect of Affordable Care Act repeal on False Claims Act prosecutions. The ACA “punched holes in common defense strategies for fending off FCA actions,” the authors wrote, adding that whether ACA repeal “would be a broad roll-back or a more surgical endeavor, it is clear that repealing the FCA-related portions of the law would bring some breathing room to the health care industry.”