Bradley attorney Jason Mehta was quoted in HealthLeaders on Intermountain’s decision to ask the Supreme Court to review an unfavorable ruling at the appellate level. For Intermountain, a non-profit health system, the appellate decision was controversial for two main reasons: First, it allowed the allegations brought against two hospitals by a whistleblower to proceed without the same level of particularity typically required by the federal rules of civil procedure. Second, it meant that a physician's determination of medical necessity can be deemed objectively false under the law, even without an established government standard.
The decision could enable more whistleblowers to reach at least the discovery stage of FCA litigation, Mehta explained when the appellate decision was issued last July.
"For providers, this is somewhat of an ominous development," Mehta said.
The complete article, “Intermountain Healthcare Asking Supreme Court to Review False Claims Case,” appeared in HealthLeaders on November 19, 2018.