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SCOTUS Urged to Fix False Claims Act Split on Doctor Opinions

Sept. 25, 2020, 6:12 PM

Hospice services provider Care Alternatives told the U.S. Supreme Court that an appeals court erroneously revived a False Claims Act suit alleging that the company provided hospice care to patients who lacked Medicare eligibility.

The ruling created a circuit split that needs resolution, Care Alternatives said in a petition for writ of certiorari docketed Sept. 16.

The Supreme Court should reject the U.S. Court of Appeals for the Third Circuit’s FCA interpretation and find that claims for payment can’t be false under the FCA if there is a reasonable disagreement among physicians as to whether a patient was terminally ill...

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