BREAKING: Justices Back Broad Theory of FCA Liability - McDermott Will & Emery

BREAKING: Justices Back Broad Theory of FCA Liability

Overview


Mark Pearlstein, Laura McLane, Evan Panich and M. Miller Baker were co-counsel to Universal Health Services in a Supreme Court case that decided the issue of “implied certification” as a form of Fair Claims Act liability. The Court upheld the theory but also described when certification noncompliance isn’t material to government reimbursement.