Analysis

Escobar 5 Years Later: How FCA Earthquake Is Reverberating

Law360 (June 16, 2021, 8:34 PM EDT) -- Five years ago Wednesday, the U.S. Supreme Court addressed a billing dispute tied to one patient's treatment at a Massachusetts clinic and in the process rattled the nation's entire False Claims Act docket with new doctrine. Here, Law360 explores the landmark case's aftermath and finds a litigation landscape that hasn't come close to stabilizing.

THE RULING

The high court on June 16, 2016, handed down its 8-0 opinion in Universal Health Services v. Escobar, which involved the death of a teenage girl whose Medicaid-funded counseling allegedly came from unqualified clinic staff and thereby defrauded taxpayers.

Observers have described Escobar as perhaps the...

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