Sixth Circuit Rejects HITECH FCA Complaint

Posted on March 14, 2016 in False Certification, Regulatory Noncompliance

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The Sixth Circuit Court of Appeals, in US ex rel. Sheldon v. Kettering Health Network, affirmed the dismissal of a False Claims Act (“FCA”) suit alleging fraud based upon certifications of compliance with the HITECH Act and a data breach. The HITECH Act, or Health Information Technology for Economic and Clinical... Continue Reading →

Tags: 6th Circuit, certification, False Claims Act, FCA, HITECH Act, Kettering Health Network

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Sixth Circuit: Violations of Conditions of Participation Insufficient Basis for FCA Claims

Posted on April 2, 2013 in Case Analysis, Conditions of Participation

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By David B. Honig and Andrew B. Howk In U.S. v. MedQuest, the Sixth Circuit held that violations by a provider of conditions of participation in Medicare were insufficient as a matter of law to “trigger the hefty fines and penalties created by the FCA.” This case was a reaffirmation... Continue Reading →

Tags: 6th Circuit, condition of participation, condition of payment, Dalse C, express false certification, false certification, False Claims Act, FCA, implies certification, MedQuest, sixth Circuit, summary judgment

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