On Wednesday, January 12, 2022, the Sixth Circuit held in El-Khalil v. Oakwood Healthcare, Inc., 2022 WL 92565, --- F.4th --- (2022), that the decision to terminate an employee, rather than notice to an employee of the decision, triggers the statute of limitations for a retaliation claim under the False Claims Act. The plaintiff, a podiatrist who was required to re-apply for hospital privileges every two years, allegedly witnessed the submission of false Medicare claims by employees at the hospital where he worked and reported the alleged misconduct to the federal government. Subsequently, the hospital allegedly decided not to renew his privileges. The hospital's Medical Executive Committee rejected the plaintiff's appeal of the non-renewal decision on September 22, 2016, at which point the decision was "final." The plaintiff received notice of the decision on September 27, 2016, and filed suit three years after receiving notice, on September 27, 2019, alleging that the decision was retaliatory and violated the FCA.
On a motion to dismiss, the district court concluded that the plaintiff's retaliation claim was barred by the statute of limitations. The Sixth Circuit affirmed, concluding that the statute is clear—a retaliation claim "may not be brought more than three years after the date when the retaliation occurred," 31 USC §...
Victoria-based small egg producer Doreen Eggs has been fined $39,600 over alleged false or misleading claims that its eggs were free-range. The business has admitted to selling eggs labelled as ‘f...