On June 1, the U.S. Supreme Court unanimously refused to apply the Safeco objective knowledge standard to the False Claims Act (FCA), holding instead in U.S. ex rel. Schutte v. Supervalu Inc. that the FCA’s scienter element turns on a defendant’s “knowledge and subjective beliefs,” not on “what an objectively reasonable person may have known or believed.”
Continue Reading Supreme Court Rejects <em>Safeco</em>, Holds that FCA Scienter Turns on Defendant’s Subjective BeliefRegister Now: The Supreme Court and the False Claims Act Webinar
Please join us on Thursday, July 13 at 12pm CT as we examine how False Claims Act cases ended up before the Supreme Court, the Court’s analysis of these cases, and the lasting impact that these opinions will have for those dealing with False Claims Act-related issues.
Continue Reading Register Now: The Supreme Court and the False Claims Act WebinarImpact of Anti-Kickback Statute on Its 50th Anniversary
We were each quoted in a Law360 article examining the status of the Anti-Kickback Statute (AKS) on the 50th anniversary of the law’s passing, and offered our perspective, informed by both our practices advising healthcare providers on AKS issues and our experience as government attorneys dealing with AKS issues, on the legal challenges and disputes among the courts on how to apply the AKS and the current state of the enforcement environment encountered by healthcare providers as it relates specifically to AKS issues.
Continue Reading Impact of Anti-Kickback Statute on Its 50th AnniversaryFalse Claims Act Fundamentals: Statute of Limitations
Previous False Claims Act (FCA) Fundamentals posts have focused on the primary elements of an FCA claim, including falsity, materiality, scienter, and damages.
Continue Reading False Claims Act Fundamentals: Statute of LimitationsRecent False Claims Act Decisions to Know
In this post, we summarize noteworthy False Claims Act (FCA) decisions so far from 2023.
Continue Reading Recent False Claims Act Decisions to KnowRecent FCA Settlements in Government Contracts Cases
The government continues to prioritize fraud involving government contractors, as the Department of Justice’s (DOJ) most recent annual report on civil fraud recovery shows.
Continue Reading Recent FCA Settlements in Government Contracts Cases2022: HHS-OIG Year In Review
The Office of Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS) continues to offer valuable insights to the healthcare industry as to how best to approach increasingly complex healthcare fraud and abuse issues. Bass, Berry & Sims is pleased to share this HHS-OIG Year In Review (HHS-OIG YIR) that highlights key guidance OIG issued in 2022, as well as other items of import involving the agency.
Continue Reading 2022: HHS-OIG Year In ReviewFalse Claims Act Settlements to Know from Q1 2023
On February 7, the Department of Justice (DOJ) issued a press release indicating that settlements and judgments under the False Claims Act (FCA) exceeded $2.2 billion in the fiscal year ending September 30, 2022. Of this total, over $1.7 billion came from claims involving the healthcare industry.
Continue Reading False Claims Act Settlements to Know from Q1 2023Bass, Berry & Sims Notches Wins for Clients in Trio of False Claims Act Qui Tam Lawsuits
Bass Berry & Sims recently secured dismissals on behalf of healthcare providers in three separate False Claims Act (FCA) qui tam lawsuits in a matter of a week’s time.
Continue Reading Bass, Berry & Sims Notches Wins for Clients in Trio of False Claims Act Qui Tam LawsuitsSixth Circuit Reins In Anti-Kickback Statute
On March 28, the Sixth Circuit issued an important decision on the meanings of “remuneration” and “causation” under the Anti-Kickback Statute (AKS), holding that remuneration “covers just payments and other transfers of value” and not “any act that may be valuable to another,” and that to establish False Claims Act (FCA) liability based on AKS violations, a relator or the government must prove a causal link between the alleged kickback scheme and the alleged false claim.
Continue Reading Sixth Circuit Reins In Anti-Kickback Statute