The COVID-19 pandemic has had a profound – and oftentimes chilling – effect on industries and agencies across the board. Law enforcement has likewise been affected. Specifically, social distancing mandates, coupled with staffing deductions and court closures, have interrupted operations of the Federal Department of Justice (“DOJ”), which is the agency in charge with enforcing the laws of the United States at both the civil and criminal levels.
In a bold and unprecedented move, the DOJ requested that it be granted certain emergency powers during the COVID-19 pandemic. Among these requested emergency powers include tolling the statute of limitations for criminal investigations during national emergencies, and for one year following the end of the national emergency. If this request is granted, it would essentially serve to permit the government with over one full year of extra time to investigate, review, and prosecute allegations, where the statute of limitations has not yet run. This is especially significant in the government’s investigation and prosecution in the healthcare industry (including, but not limited to, violations of the Health Care Fraud Statute; Anti-Kickback Statute; or False Claims Act), where violations generally take substantial time to investigate. While the DOJ will likely require Congressional approval for such a move, it is nevertheless an important development to track.
How Frier Levitt Can Help
If you believe you are undergoing civil or criminal investigations related to healthcare billing practices and could be impacted by the DOJ’s actions, contact Frier Levitt today.
