Don’t Try for More False Claims Uniformity, US Tells Justices

The US Supreme Court should take a pass on reviewing the dismissal of whistleblowers’ claims that Bethany Hospice and Palliative Care LLC violated the False Claims Act by engaging in a kickback scheme with doctors, the US government said in a brief.

The US Court of Appeals for the Eleventh Circuit ruled that whistleblowers Jolie Johnson and the estate of Debbie Helmly failed to adequately allege Bethany Hospice actually billed Medicare for services tainted by the scheme.

The whistleblowers’ petition said the Supreme Court should resolve a split between some circuit courts that have a rigid approach to requiring fraud ...