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Attys Dish on Escobar’s FCA Impact One Year Later

Posted in Fraud and Abuse, Litigation, Medicare and Medicaid, Pharmaceuticals, State Matters

Day Pitney’s Danielle Corcione was quoted by Law360 in a June 16 article titled “Attys Dish on Escobar’s FCA Impact One Year Later,” in which she commented on the U.S. Supreme Court’s decision in Universal Health Services v. Escobar and its impact on False Claims Act litigation.

The Supreme Court’s directive to lower courts to scrutinize the materiality of the false statements to the government’s decision to pay a claim has raised the bar for successful prosecution of qui tam claims, Danielle said. “It is not enough for a prosecutor to simply assert that if the government knew of the noncompliance it would not have paid the claim. This is arguably a more stringent standard than federal criminal health care fraud liability in the excluded provider context.”

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