The False Claims Act's ("FCA") use of qui tam relators (private individuals bringing suit on behalf of the government) has long raised both procedural and substantive challenges....more
The Situation: The U.S. Government Accountability Office ("GAO") dismissed a protest challenging a contractor's exclusion from the competitive range based upon the contractor's failure to diligently pursue a debriefing....more
The Decision: A divided Sixth Circuit panel held that allegations of submitting late-signed supporting documents to Medicare could plead False Claims Act ("FCA") materiality and scienter.
The Reasoning: Timing regulations...more
7/16/2018
/ Centers for Medicare & Medicaid Services (CMS) ,
Certification Requirements ,
Dismissals ,
En Banc Review ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
FRCP 9(b) ,
Materiality ,
Medicare ,
Pleading Standards ,
Qui Tam ,
Scienter ,
Signatures ,
Universal Health Services Inc v United States ex rel Escobar
The Situation: Despite recently acknowledging the significant burden imposed by frivolous False Claims Act claims and affirming its statutory grant of power to dismiss meritless claims brought by relators, DOJ has maintained...more