The new tax law limits the deductibility of False Claims Act settlements and requires that settlement agreements identify the deductible “restitution” amount.
Settlements under the False Claims Act (FCA), which often...more
The decision in Universal Health upholds implied certification but strengthens False Claims Act defendants’ ability to mount a materiality defense.
On June 16, 2016 the U.S. Supreme Court issued a unanimous decision in...more
Oral argument in Universal Health indicates Justices disinclined to categorically reject False Claims Act implied certification theory, though may limit its scope.
On April 19, 2016, the United States Supreme Court heard...more
4/22/2016
/ Conditions of Payment ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Implied Certification ,
Materiality ,
Medicaid ,
Oral Argument ,
Reimbursements ,
SCOTUS ,
Split of Authority ,
Universal Health Services Inc v United States ex rel Escobar ,
Unlicensed Medical Providers
Court has the opportunity to assess the use of statistical sampling/extrapolation as a method to prove FCA liability or damages.
Courts require that plaintiffs prove each element of a legal claim with evidence — mere...more