Am I My Company?s Alter Ego? Theories Of Alternative Liability For Debts To The Medicare Program
This article is about the government?s focus on recovering improperly paid Medicare funds which has emphasized the use of the civil False Claims Act statute and (with less frequency) criminal statutes relating to false claims and statements. The reported cases included in the article are important because they confirm the government?s right to assert alternative liability even when no statute or regulation expressly authorizes it to do so. Furthermore, the cases set forth specific elements which providers and suppliers can consider in determining their own risk factors ? and avoid to reduce future risk ? that they will face a claim for alternative liability. Not all factors need be present in any given case, but obviously the more factors which are present, the more likely it is that the theory may be asserted.