Federal Appeals Court Rejects Expansive FCA False Certification Theory and Adopts Materiality Requirement

October 2008
Venulex Legal Summaries;2008 Q4, Special section p1
The article discusses a court case wherein a U.S. Court of Appeals has rejected a theory of False Claims Act (FCA) liability that could potentially affect hospitals and other Medicare providers. The court affirmed on October 2, 2008 the dismissal of a qui tam action under the FCA alleging that a Kansas hospital fraudulently passed claims for Medicare payment by falsely certifying in its Medicare cost reports that it was in compliance with all Medicare laws and regulations.


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