The U.S. Supreme Court is set to determine the threshold that lower courts should use when deciding whether physicians who contract with the government or get money from the government for Medicare and other health programs have violated the False Claims Act.
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Can objectively reasonable interpretations of ambiguous statutes, regulations and contract provisions be interpreted as “knowingly” violating the False Claims Act, triggering treble damages and penalties? Or, was the 7th U.S. Circuit Court of Appeals correct in its ruling that said if a defendant acts with an “objectively reasonable” interpretation of a legal requirement when there was no “authoritative guidance” from a circuit court or federal agency at the time, they cannot knowingly violate the False Claims Act?
The Litigation Center of the American Medical Association and State Medical Societies and the Illinois State Medical Society are urging the U.S. Supreme Court to uphold the 7th Circuit opinion. They joined the U.S. Chamber of Commerce, Business Roundtable, National Association of Manufacturers and the Pharmaceutical Research and Manufacturers of America in filing an amicus brief supporting that position. The case won’t just affect those in health care, but anyone in any field who contracts with or receives...
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