New FCA Ruling Revives Tools To Establish Falsity

Law360 (March 26, 2020, 6:06 PM EDT) -- In recent years, certain government policies and court decisions weakened or dulled some important weapons the government and whistleblowers traditionally have wielded to establish falsity in cases under the False Claims Act. These weapons include using medical necessity, clinical judgments, subregulatory guidance and statistics to establish that a claim or statement is false.

However, on March 23, the U.S. Court of Appeals for the Ninth Circuit published a significant decision in U.S. v. Gardens Regional Hospital and Medical Center Inc. strengthening and sharpening these weapons in the arsenals of government attorneys and whistleblower counsel.[1]

The Winter Decision

Jane Winter, a registered nurse with...

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