After years of investigation and litigation, and on the eve of a highly anticipated trial, the government abandoned its FCA case against ManorCare, the nation’s second-largest operator of skilled nursing homes and assisted...more
11/27/2017
/ Assisted Living Facilities (ALFs) ,
Damages ,
Department of Justice (DOJ) ,
Discovery ,
Dismissal With Prejudice ,
Expert Witness ,
False Claims Act (FCA) ,
Fines ,
Interlocutory Appeals ,
Medical Necessity ,
Medical Records ,
Medicare ,
Motion to Dismiss ,
Nursing Homes ,
Reasonable Care ,
Skilled Nursing Facility
A recent jury verdict in an FCA lawsuit pending in the United States District Court for the Middle District of Florida resulted in a not-so-subtle reminder of just how high the stakes can be in such litigation....more
3/15/2017
/ Civil Monetary Penalty ,
Discovery Disputes ,
False Billing ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Jury Verdicts ,
Medicaid ,
Medicare ,
Skilled Nursing Facility ,
Statistical Sampling ,
Treble Damages
A number of recent FCA decisions have grappled with the question of objective falsity, particularly in the context of FCA claims where the alleged falsity is premised on a lack of medical necessity in connection with the...more
In one of the few cases to apply the Supreme Court’s recent decision in Universal Health Services v. Escobar, the Seventh Circuit recently revisited and affirmed its prior rejection of an implied certification claim under the...more
11/30/2016
/ Colleges ,
Conditions of Payment ,
Corporate Counsel ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Higher Education Act ,
Materiality ,
Reaffirmation ,
Relators ,
Subsidies ,
Title IV ,
United States ex rel Nelson v Sanford-Brown ,
Universal Health Services Inc v United States ex rel Escobar