Federal prosecutors announced yesterday the Government’s settlement with electronic health records (“EHR”) vendor Greenway Health, LLC (“Greenway”) of False Claims Act (“FCA”) allegations for a payment of $57.25 million and
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Erica Kraus
Erica Kraus is a partner in the Corporate Practice Group in the firm's Washington, D.C. office.
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The Government’s Take on Materiality After Escobar
By Erica Kraus on
Posted in Healthcare-Archive
Following the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), we expected significant False Claims Act litigation over the Act’s materiality standard. Such litigation is a direct consequence of Escobar’s holding, which does not limit the implied certification theory to violations of conditions of payment[1] and emphasizes the Act’s “demanding” materiality standard.
Continue Reading The Government’s Take on Materiality After Escobar