Supreme Court Oral Arguments in Escobar Indicate Evolving Meaning of Materiality, But Not Its Importance

After years of litigants urging the Supreme Court to impose order on diverse lower court approaches to the scope of liability under the False Claims Act (‘‘FCA’’), the Court finally agreed this year to consider the viability of the implied certification theory. See Universal Health Services v. United States ex rel. Escobar.

Reproduced with permission from BNA’s Health Care Fraud Report, 20 HFRA 325, 5/11/16. Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com