Bradley attorney Ty Howard was quoted in Law360 on the U.S. Supreme Court’s ruling in Universal Health Services v. Escobar that corporations can face False Claims Act liability if they bill the government while out of compliance with regulations that aren’t explicit conditions of payment.
Howard said, “Although the court’s unanimous decision in Escobar may initially be construed as a government victory because it upholds the implied certification theory, it likely will be a pyrrhic one. The court’s significant limitations on when that theory can apply and the significant bolstering of the materiality requirement foreclose the government’s most expansive use of the theory and create a much higher bar for qui tam plaintiffs to clear before FCA liability can apply, both of which will be welcome news to health-care providers, government contractors, and others that do business with the federal government.”
The complete article, “Attys React To High Court's FCA Liability Ruling,” appeared in Law360 on June 16, 2016. (login required)