Gov't Win In AseraCare FCA Case Benefits Both Sides

By Derek Adams and Erica Blachman Hitchings (September 12, 2019, 4:00 PM EDT) -- On Monday, the U.S. Court of Appeals for the Eleventh Circuit issued its decision in a closely watched False Claims Act case brought by the United States against AseraCare Inc., an operator of more than 60 hospice facilities across 19 states.

In this case, the United States alleges that AseraCare knowingly submitted false certifications stating that its hospice patients were "terminally ill" — defined by statute as having six months or less to live — in order to obtain reimbursement from Medicare. After the U.S. District Court for the Northern District of Alabama granted summary judgment in favor of AseraCare in...

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