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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!