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Fraud and Abuse Update: How Has The Supreme Court's Decision In Universal Health Services v. Escobar Changed Healthcare Providers’ Potential Liability Under The False Claims Act?


26 Oct 2016, 1:00 PM - 2:30 PM (Eastern Time)                            
ROUNDTABLE

In June, the U.S. Supreme Court issued its first decision addressing the "implied certification" theory under the False Claims Act ("FCA"). The Escobar case is the first time the Supreme Court has held that a healthcare provider can be liable for submission of a false claim because it "impliedly" certified compliance with statutory, regulatory or contractual requirements. Contrary to the decisions of some lower courts, the Supreme Court determined that FCA liability depends on whether the statute, regulation or contract provision in question is "material" to the government's payment decision. This Roundtable will explore the significance of the Escobar decision, including such questions as:

  • Under what circumstances undisclosed noncompliance with a statute, regulation or contract can create implied certification liability
  • Determining when a statute, regulation or contract provision may be "material"
  • Processes and steps to limit exposure
  • Appropriate responses to findings of noncompliance

King & Spalding presenters will include False Claims Act experts and individuals with experience in providing regulatory and compliance counseling to healthcare providers, including:

  • Ethan Davis (San Francisco)
  • Jim Boswell (Atlanta)
  • Jeff Bucholtz (Washington, D.C.)
  • Kathy Poppitt (Austin, Texas)

You do not have to be a client to attend, and there is no charge.

You can register to attend this webinar by clicking the Register link at the bottom of this page.

General information on our practice is available in our electronic publications Serving the Healthcare Industry, Around the Corner and Serving the Life Sciences Industry. If you would like to be included on our regular pharmaceutical manufacturers, medical device manufacturers or healthcare provider mailing lists to receive notices of other events and written updates, you can be added by submitting your full contact information to lifesciences-healthcare@kslaw.com and specifying the list you wish to join.

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Questions

If you have questions concerning this Roundtable Webinar, e-mail lifesciences-healthcare@kslaw.com.

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