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Objective Falsity and the FCA: An Ongoing Circuit Split | Foley Hoag LLP - Medicaid and the Law

[author: Regina DeSantis] The False Claims Act (“FCA”) is a Federal statute originally enacted in 1863 as a response to fraud from defense contractors during the American Civil War.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 (“ qui tam”) against those who have allegedly violated the FCA. The FCA is relevant for government payers such as Medicare, Medicaid, and TRICARE. On January 14, 2021, for example, the Department of Justice (“DOJ”) announced it recovered over $2.2 billion in settlements and judgments from FCA cases during fiscal year (“FY”) 2020. Of the $2.2 billion total, over $1.8 billion was recouped from cases involving the healt

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United States: What makes a false claim false? It depends Supreme Court declines to address objective falsity standard to determine False Claims Act liability

United States: What makes a false claim false? It depends Supreme Court declines to address objective falsity standard to determine False Claims Act liability
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Supreme Court Declines to Review Objective Falsity Issue and Resolve Circuit Split | Hodgson Russ LLP

Several months ago, we posted a blog discussing how Circuit Courts are split on the question of whether the False Claims Act requires objective falsity, or whether a difference of.

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Supreme Court Declines to Resolve Circuit Split Regarding Standard for Falsity in FCA Claims | Dorsey & Whitney LLP

On February 22, 2021, the United States Supreme Court declined to resolve a circuit split regarding the proper standard under which False Claims Act (“FCA”) claims in the medical.

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Can Anyone Say What s False Anymore? SCOTUS Denial of Cert Leaves Uncomfortable Uncertainty and Strategic Opportunities | Wiley Rein LLP

To embed, copy and paste the code into your website or blog: It should surprise absolutely no one that “falsity” is a core element of the False Claims Act – it is the FALSE Claims Act, after all. However, it may come as a surprise that there is substantial disagreement over what exactly can be false, and how falsity can be established. This term, the U.S. Supreme Court received two petitions for certiorari associated with cases raising just that issue; however, on February 22, 2021, it declined both, leaving in place a circuit split that creates considerable uncertainty for people and entities that have a financial relationship with the government – particularly those in the health care space, who participate in COVID-19 economic incentive programs, who hold government contracts, or who otherwise have a financial relationship with the government – and amplifies the strategic imperative of forum selection.

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