In a unanimous decision last week that impacts healthcare providers, vendors and health plans that receive Medicare and Medicaid reimbursements or contract with federal health care programs, the United States Supreme Court in Universal Health Services v. United States ex rel. Escobar held that a defendant may be liable under the implied certification theory under
Implied Certification
Supreme Court To Take Up Implied Certification Theory of FCA Liability
By David W. O'Brien & Stephanie Willis on
Last week, in a case that will have a significant impact on future False Claims Act (FCA) suits against health care entities, the Supreme Court granted certiorari in Universal Health Services, Inc. v. United States ex rel. Escobar. By agreeing to hear the case, the Court will resolve the circuit split over the so-called …