5 Important Lessons From AseraCare's FCA Case

Law360, New York (March 9, 2016, 11:03 AM EST) -- Peter S. Spivack

Stephanie L. Carman

Natalie T. Sinicrope In a display of judicial prowess, the District Court for the Northern District of Alabama threw out a jury verdict in a hospice False Claims Act case. The U.S. Department of Justice asserts that AseraCare Inc., a national hospice provider, could owe $202 million in fines and penalties[1] for alleged Medicare fraud. But after a number of procedural twists, the government has found itself in rough waters. Finding that the jury instructions that it had given were improper, the court ordered a new trial and reopened summary judgment, questioning the sufficiency of the...

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