United States ex rel. Prather v. Brookdale Senior Living Communities, Inc.
- Case Date: 7/2/2018
- Project Name: Civil Justice Reform
On July 2, 2018, WLF urged the U.S. Court of Appeals for the Sixth Circuit to rehear en banc a panel decision expanding liability under the False Claims Act. A relator suing under the FCA must show (among other things) that any misrepresentation a defendant made to the government was material to the government’s decision to pay the defendant’s claims. The relator here accused a home-health agency of submitting Medicare reimbursement claims that failed to divulge the agency’s violation of a rule governing when a doctor must sign a certification. The agency obtained the certifications; the relator alleged merely that it took too long to do so. WLF’s brief urges the full Sixth Circuit to review and overturn the panel’s conclusion that the relator adequately pleaded materiality. WLF argues that the panel should have accounted for the fact that the government badly needs healthcare providers to participate in the Medicare program.
|Pending decision to rehear en banc.|
More Information and Downloads:
7/2/2018: Download the Brief