Kinetic Concepts Inc. must again defend itself against claims that it violated the False Claims Act by falsely certifying compliance with Medicare payment rules with regard to its medical device for treating wounds, the Ninth Circuit ruled Tuesday.
A California district court improperly concluded that whistleblower Steven Hartpence failed to satisfy the standard for FCA materiality, which concerns whether the government wouldn’t have paid claims if it knew a defendant didn’t satisfy certain requirements, Judge Daniel P. Collins of the US Court of Appeals for the Ninth Circuit said.
There is a genuine issue of material fact as to whether ...
Read Full Story:
https://news.bloomberglaw.com/us-law-week/kinetic-concepts-must-again-face-wh...