Health-Care Fraud’s Hammer: An Organized Crime Law (Corrected)

June 27, 2018, 7:45 PM; Updated: June 28, 2018, 2:35 PM

Racketeering immediately conjures images of the Mafia, John Gotti, and Al Capone, but a law intended to fight organized crime is also being used as a tool in health-care fraud cases.

While many health-care fraud cases revolve around the False Claims Act, the Stark law, and the anti-kickback statute, there is another option for plaintiffs accusing providers of health-care fraud: the Racketeer Influenced and Corrupt Organizations Act (RICO). And it is being used as an alternative to those traditional health-care fraud actions.

The wide interpretation of RICO by courts and the willingness of plaintiffs to use it to accuse health-care...

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