The Third Circuit Court of Appeals¹ became the third federal appeals court in one week to issue an opinion regarding the False Claims Act’s Public Disclosure Bar.²... Continue Reading →Tags: Delaware, Express Scripts, Fifth Circuit, Morgan, New Jersey, original source, Pennsylvania, public disclosure bar, sixth Circuit, Third Circuit
Today the Sixth Circuit Court of Appeals joined several other Circuit Courts in finding that an administrative review, and even a repayment to the appropriate government oversight entity, did not qualify as a “public disclosure” under the False Claims Act’s public disclosure bar.... Continue Reading →Tags: Chattanooga-Hamilton County Hospital Authority, David Honig, Erlanger, False Claims Act, Farmington, FCA, public disclosure, Ritu Cooper, sixth Circuit, Whipple
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