Gov't Defends FCA Whistleblower Provision At 10th Circ.

Law360 (February 1, 2018, 8:34 PM EST) -- The whistleblower provision of the False Claims Act isn’t unconstitutional, the Trump administration said Tuesday after intervening to defend the law in a fraudulent health care reimbursement suit pending before the Tenth Circuit.

The government, which initially declined to take part in Gerald Polukoff’s whistleblower lawsuit against several health care providers, officially jumped on board after Polukoff appealed the permanent dismissal of his claims. The administration changed its mind when Intermountain Healthcare Inc. made new arguments on appeal that challenged the FCA’s constitutionality — arguments the...
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