Section IV - Quiz

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Section IV - Quiz - Quiz

THE FALSE CLAIMS ACT AND OTHER SANCTIONS FOR IMPROPER CLAIMS

Questions and Answers
  • 1. 

    Under the False Claims Act, the term “relator” describes which of the following?

    • A. 

      A person who makes false statements relating to a false claim

    • B. 

      A federal health care program

    • C. 

      A person who files a lawsuit on behalf of the government against individuals or companies who submit false and fraudulent claims

    • D. 

      A government agency responsible for prosecuting a False Claims Act lawsuit

    Correct Answer
    C. A person who files a lawsuit on behalf of the government against individuals or companies who submit false and fraudulent claims
    Explanation
    The term "relator" under the False Claims Act refers to a person who files a lawsuit on behalf of the government against individuals or companies who submit false and fraudulent claims. This individual acts as a whistleblower, bringing attention to fraudulent activities and seeking legal action against the responsible parties.

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  • 2. 

    What constitutes knowledge under the False Claims Act?

    • A. 

      Actual knowledge that the claim is false

    • B. 

      Deliberate ignorance of whether the claim is false

    • C. 

      Reckless disregard of whether the claim is false

    • D. 

      All of the above

    Correct Answer
    D. All of the above
    Explanation
    Under the False Claims Act, knowledge can be constituted by actual knowledge that the claim is false, deliberate ignorance of whether the claim is false, or reckless disregard of whether the claim is false. This means that individuals can be held accountable for making false claims if they have actual knowledge of their falsity, intentionally choose to ignore the truth, or demonstrate a reckless disregard for the truth. Therefore, all of the options listed above are considered as constituting knowledge under the False Claims Act.

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  • 3. 

    A person who is found liable under the False Claims Act must pay the government which of the following:  

    • A. 

      Three times the amount of any claim overpayment plus a $5,500 – $11,000 penalty per false claim

    • B. 

      The amount of any claim overpayment plus up to a $250,000 fine per false claim

    • C. 

      Two times the amount of any claim overpayment

    • D. 

      A $100,000 civil monetary penalty per false claim

    Correct Answer
    A. Three times the amount of any claim overpayment plus a $5,500 – $11,000 penalty per false claim
    Explanation
    Under the False Claims Act, a person who is found liable must pay the government three times the amount of any claim overpayment, in addition to a penalty of $5,500 - $11,000 per false claim. This means that not only do they have to repay any money they received through fraudulent claims, but they also face additional penalties for each false claim made.

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  • 4. 

    Under the False Claims Act, a claim resulting from an illegal kickback can be false under what theory of civil liability:

    • A. 

      Factual falsity

    • B. 

      Express certification

    • C. 

      Implied certification

    • D. 

      But for causation

    Correct Answer
    C. Implied certification
    Explanation
    Under the False Claims Act, a claim resulting from an illegal kickback can be false under the theory of implied certification. Implied certification occurs when a party submits a claim for payment to the government and, by doing so, implicitly represents that it has complied with all applicable laws and regulations. If the party has received an illegal kickback, it is considered a violation of the implied certification theory of civil liability.

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  • 5. 

    In order to be liable under the False Claims Act, a person must submit a false claim with the specific intent to defraud the government

    • A. 

      True

    • B. 

      False

    Correct Answer
    B. False
    Explanation
    You have completed the Section IV Quiz.

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