Epic Escobar Split Needs High Court Help: Home Health Co.

Law360 (November 20, 2018, 9:06 PM EST) -- An “irreconcilable and growing circuit split” over the landmark Escobar decision on False Claims Act liability must be resolved by the U.S. Supreme Court, a major home health company told the high court on Tuesday.

Brookdale Senior Living Communities Inc. made the assertion in a petition seeking Supreme Court review of a Sixth Circuit ruling that revived a whistleblower nurse’s allegations of untimely certifications of medical necessity. According to the petition, circuit courts are split on two aspects of Escobar related to whether regulatory violations are “material” to government reimbursement.

As a result, the high court must step in “to provide...

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