Judge Dismisses FCA Claim Against Hospice Provider; DoJ Likely to Appeal - McDermott Will & Emery

Judge Dismisses FCA Claim Against Hospice Provider; DoJ Likely to Appeal

Overview


Laura McLane said that, although the Department of Justice will likely appeal a federal court’s dismissal of a False Claims Act case against a chain of hospice providers, the legal principles of the decision “are grounded in a lot of pre-existing case law” and “strongly reinforces what is an existing proposition: If the entire case presented by the government or whistleblower is predicated on one doctor saying one thing and another doctor saying another thing, it just does not give rise to fraud under the FCA.” Read the full article.