Case Study: Davis V. District Of Columbia

Law360, New York (June 11, 2012, 12:48 PM EDT) -- The D.C. Circuit recently held in United States of America, ex rel. Davis v. District of Columbia, that in suits under the False Claims Act alleging false claims for Medicaid reimbursement, the calculation of damages must take into account the value of the medical services actually received.

The D.C. Circuit's May 15 opinion held that the allegedly false feature of the Medicaid reimbursement claims at issue — the provider's failure to retain required documentation — did not affect the value of the services received, and therefore the government had suffered no damages. The relator's recovery would thus be limited to a...

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