Federal government’s interpretation of the False Claims Act would have real consequences for health care affordability and access
Washington, D.C. – (March 28, 2023) – Today, the American Hospital Association (AHA) and AHIP filed a joint amicus brief in United States v. Supervalu Inc. v. Safeway Inc. In the brief, the organizations argue that the federal government’s “erroneous construction and expansion of the FCA [False Claims Act] threatens the legitimate business activities of every government contractor, hospital, healthcare provider, health insurance provider, and grant recipient in the nation,” and would “ultimately divert resources away from the primary missions of AHA’s and AHIP’s members: caring for patients, reducing the cost of care, and ensuring a healthy citizenry.”
Together, the organizations issued this statement:
“While AHA and AHIP may not always share the same opinion on matters of litigation and policy, we agree that the current regulatory landscape and construction of the False Claims Act (FCA) creates an untenable situation for health care providers and health insurance providers. If the government’s argument is accepted, our members will be forced to spend more on litigation and less on patient care.
“As we explain in our brief: ‘Medicare and Medicaid are vital public health programs that can operate only with the participation of private parties like our members, but participation in these programs also entails navigating some of the most complex...
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