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 oral argument in Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7 (U.S.), to review the so-called “implied certification” theory of liability under the federal False Claims Act (FCA). This theory has the potential to drastically expand the FCA’s scope, converting any request for payment from the government into a statement that the contractor is in compliance with all governing statutes, regulations and contract provisions.