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Coalition Files Amicus Brief Urging U.S. Supreme Court to Adopt Robust, Fair Reading of the False Claims Act
(Hartford, CT) – Attorney General William Tong led a bipartisan coalition in asking the U.S. Supreme Court to protect publicly funded programs from fraud by adopting a robust and fair reading of the False Claims Act (FCA). The coalition filed its brief in two Supreme Court cases that consider when a contractor can be held liable under the FCA for overbilling Medicaid.
The FCA is an important law enforcement tool that the federal government and states use when a contractor “knowingly” provides false billing information for some publicly-funded programs – including Medicaid, which covers more than 91 million low-income people across the country. A federal appellate court held that two retail chain pharmacies did not act “knowingly” under the FCA even if they ignored official guidance on Medicaid billing; intended to, and did in fact, submit false information; and reaped a windfall in public Medicaid funds through overbilling.
“The lower court’s rulings gut the essence of the False Claims Act and jeopardizes the integrity of state Medicaid operations. Having a strong interpretation of the False Claims Act is vital for the protection of taxpayer dollars, which is why my fellow attorneys general and I are strongly urging the Supreme Court to right this wrong,” Attorney General Tong said.
Since the Connecticut False Claims Act was signed into law in 2009,...
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