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.
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