Supreme Court Decision and Pending Legislation Focus on False Claims Act

06/10/2008 Activity in the courts and Congress may result in significant changes affecting the health care industry.  

The Supreme Court of the United States issued a potentially significant False Claims Act ruling on June 9, 2008, addressing the reach of the False Claims Act.  Allison Engine Co. v. United States ex rel. Sanders, No. 07-214, slip op. (US June 9, 2008).  The complex decision touches on a number of issues, including materiality, intent and causation.  To see the complete decision, please click here

In addition, Congress is presently considering legislation that would amend various sections of the False Claims Act, including the sections the Supreme Court addressed in Allison Engine.  The U.S. Senate Judiciary Committee approved a bill earlier this year, and the House of Representatives Judiciary Committee will be holding hearings on companion legislation. 

McDermott Will & Emery

McDermott Will and Emery