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Fourth Circuit Adopts Objective Reasonableness Standard in Determining Scienter Element of the False Claims Act | Seyfarth Shaw LLP

The Fourth Circuit, in United States ex rel. Sheldon v. Allergan Sales, LLC, No. 20-2330, 2022 WL 211172 (4th Cir. Jan. 25, 2022) recently upheld the dismissal of False Claims Act.

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False Claims Act: Medical Staff Peer Review & Compliance Depts

Difficulties faced by medical staff peer review committees and compliance departments in quickly identifying and coordinating with each other to address False Claims Act exposure for alleged medically unnecessary or substandard care.

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Supreme Court Declines to Resolve Circuit Split on Falsity Under the FCA | Jones Day

In Short The Situation: In March 2020, the Third and Ninth Circuits held, in two cases in which the government had declined to intervene, that a mere difference of medical opinion may be enough to satisfy the falsity element of the False Claims Act ( FCA ). This conflicted with a 2019 ruling by the Eleventh Circuit that a reasonable difference of medical opinion, without more, is insufficient to make a claim false. Citing the circuit split and the need for a uniform standard for falsity under the FCA, defendant health care providers in the Third and Ninth Circuit cases filed petitions for certiorari with the Supreme Court in late 2020.

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Supreme Court Declines To Resolve Circuit Split On Falsity Under The FCA - Food, Drugs, Healthcare, Life Sciences

Supreme Court Declines To Resolve Circuit Split On Falsity Under The FCA - Food, Drugs, Healthcare, Life Sciences
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Objective Falsity And The FCA: An Ongoing Circuit Split - Food, Drugs, Healthcare, Life Sciences

To print this article, all you need is to be registered or login on Mondaq.com. The False Claims Act ( FCA ) is a Federal statute originally enacted in 1863 as a response to fraud from defense contractors during the American Civil War. Under the FCA (31 U.S.C. §§ 3729 - 3733), it is a crime for any person to knowingly submit false or fraudulent claims for payment to the United States government. Those who violate the FCA are liable for treble damages plus a per-claim monetary penalty (calculated to align with inflation). Private citizens can file whistleblower suits on behalf of the government (

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