Recovering Fraudulent Claims for Australian Federal Expenditure on Pharmaceuticals and Medical Devices

Journal of Law & Medicine, Vol. 18, No. 2, pp. 302-315, 2010

14 Pages Posted: 19 Dec 2010

See all articles by Thomas Alured Faunce

Thomas Alured Faunce

Australian National University

Gregor Urbas

University of Canberra - Faculty of Business, Government and Law

Lesley Skillen

affiliation not provided to SSRN

Marc Smith

affiliation not provided to SSRN

Date Written: December 18, 2010

Abstract

The Australian Federal Government expends increasingly large amounts of money on pharmaceuticals and medical devices. It is likely, given government experience in other jurisdictions, that a significant proportion of this expenditure is paid as a result of fraudulent claims presented by corporations. In the United States, legislation such as the False Claims Act 1986 (US), the Fraud Enforcement and Recovery Act 2009 (US), the Stark (Physician Self-Referral) Statute 1995 (US), the Anti-Kickback Statute 1972 (US), the Food, Drug and Cosmetic Act 1938 (US), the Social Security Act 1965 (US), and the Patient Protection and Affordable Care Act 2010 (US) has created systematic processes allowing the United States Federal Government to recover billions of dollars in fraudulently made claims in the health and procurement areas. The crucial component involves the creation of ļ¬nancial incentives for information about fraud to be revealed from within the corporate sector to the appropriate state officials. This article explores the opportunities for creating a similar system in Australia in the health care setting.

Keywords: Fraud, ANti-Trust, Qui Tam, False Claims, Pharmaceutical Industry, Health Care Industry, Kick Backs

JEL Classification: E61, H51

Suggested Citation

Faunce, Thomas Alured and Urbas, Gregor and Skillen, Lesley and Smith, Marc, Recovering Fraudulent Claims for Australian Federal Expenditure on Pharmaceuticals and Medical Devices (December 18, 2010). Journal of Law & Medicine, Vol. 18, No. 2, pp. 302-315, 2010. Available at SSRN: https://ssrn.com/abstract=1728202

Thomas Alured Faunce (Contact Author)

Australian National University ( email )

Canberra, Australian Capital Territory 0200
Australia
61 2 61253563 (Phone)

Gregor Urbas

University of Canberra - Faculty of Business, Government and Law ( email )

University Drive
Room 6C60
Bruce, 2617
Australia
(02) 6201 2729 (Phone)

Lesley Skillen

affiliation not provided to SSRN ( email )

Marc Smith

affiliation not provided to SSRN ( email )

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