The False Claims Act (FCA) is one of the federal government’s most powerful tools for combatting healthcare fraud. Yet, as with any enforcement tool, its reach is constrained by a statute of limitations. The FCA statute of limitations provisions, set out in 31 U.S.C. § 3731(b), are surprisingly nuanced and often depend on when the government learns of the alleged misconduct. In practice, this framework often favors the government, yet these nuances are worth unpacking, which we do below.
On Epstein Becker Green’s OSHA Law Update blog, Eric Conn reviews the agreement between the NLRB and OSHA, which allows employees to file out-of-date safety related whistleblower claims to be filed with the NLRB.
Following is an excerpt from the blog post:
On May 21, 2014, the National Labor Relations Board (NLRB) published a memorandum discussing a new agreement between NLRB and OSHA regarding a backdoor route for employees to file safety related whistleblower claims that are too stale to be filed with OSHA. The NLRB memo directs OSHA representatives to “notify all complainants ...
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