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Thursday, January 9, 2025

Whistleblower Argues FCA Rules Backed by 'Wall' of Precedent - Bloomberg Law

A whistleblower urged the 11th Circuit to revive her False Claims Act suit alleging Medicare fraud because a “wall of persuasive precedent” supports the law’s constitutionality.

A federal district court’s conclusion that the FCA’s whistleblower provisions violate the appointments clause in Article II “conflicts with unanimous precedent, the understanding of the Founding generation, and modern Appointments Clause jurisprudence,” Clarissa Zafirov told the US Court of Appeals for the Eleventh Circuit in a Wednesday brief.

Zafirov alleged in 2019 that Florida Medical Associates LLC—which does business as VIPcare—increased risk adjustment scores of Medicare Advantage beneficiaries without regard to their actual physical ...

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