Escobar FCA Impact Clearer After A Year Of Interpretation
By Joshua Bolian ( June 16, 2017, 10:46 AM EDT) -- Universal Health Services Inc. v. U.S. ex rel. Escobar[1] answered open questions about the False Claims Act. It held that government contractors could be liable for "implied false certification" — requesting payment when the good or service provided violates an applicable statutory, regulatory or contractual requirement. And it held that the requirement need not be a condition of payment to satisfy the FCA's materiality element....
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