US, ex rel. Escobar, et al v. Universal Health Services, Inc

  1. November 22, 2016

    Escobar's FCA Claims Meet Materiality Test, 1st Circ. Says

    Universal Health Services Inc.'s use of unlicensed mental health professionals would have been material in Massachusetts deciding whether to reimburse it for Medicaid claims, the First Circuit decided Tuesday in a victory for False Claims Act whistleblower Julio Escobar.

  2. October 25, 2016

    Escobar Downplays Justices' FCA Findings In 1st Circ.

    The relator in the so-called Escobar case told the First Circuit on Tuesday that the U.S. Supreme Court's June 2016 decision did not doom False Claims Act suits where the government has made payments with knowledge of the alleged misstatements, downplaying the high court's findings on materiality.

  3. August 26, 2016

    FCA Attys Clash Over Escobar Test For Implicit Compliance

    False Claims Act attorneys are deeply split over a crucial section in the U.S. Supreme Court's Escobar ruling, debating whether its test of implicit statements about regulatory compliance is mandatory and how the test should be applied.

  4. August 17, 2016

    Escobar Nixes Universal Health FCA Claims, 1st Circ. Told

    Universal Health Services Inc. has asked the First Circuit to shut down a lawsuit brought by the parents of a woman who died at a UHS facility, after their case known as Escobar spawned an important U.S. Supreme Court decision about False Claims Act liability.

  5. April 19, 2016

    Justices Wary Of Curbing FCA For Implicit Misstatements

    The U.S. Supreme Court on Tuesday seemed leery of axing a controversial theory of False Claims Act liability, as several justices suggested that corporations implicitly certify compliance with regulations and may commit fraud if the regulations are actually violated.

  6. March 04, 2016

    FCA Doesn't Require Explicit Falsity, DOJ Tells High Court

    Companies that bill taxpayers for shoddy services can face False Claims Act liability even if they don't make explicitly fraudulent statements, the U.S. Department of Justice told the U.S. Supreme Court in a brief released Friday.

  7. February 25, 2016

    Whistleblowers Return Fire In High Court FCA Battle

    Whistleblowers on Thursday aggressively countered Universal Health Services Inc.'s efforts to sharply limit False Claims Act liability for regulatory violations, telling the U.S. Supreme Court that there is no legal basis for the limitation and that concerns about punishing trivial violations are wildly overblown.

  8. January 21, 2016

    FCA Theory Is 'Frankenstein's Monster,' High Court Hears

    Universal Health Services is urging the U.S. Supreme Court to reject or restrict a controversial legal theory allowing False Claims Act liability when companies bill taxpayers while out of compliance with regulations, calling it a "Frankenstein's monster" with virtually no limits.

  9. December 04, 2015

    FCA's Bite In Balance As Justices Eye Implied Compliance

    The U.S. Supreme Court on Friday agreed to decide if companies billing the federal government can face False Claims Act liability for implicit misstatements about compliance with regulations, and attorneys say the outcome will profoundly affect the law's anti-fraud powers.

  10. April 16, 2015

    1st Circ. Sticks With Revival Of Universal Health FCA Suit

    The First Circuit on Tuesday denied Universal Health Services Inc.'s petition for an en banc rehearing on the revival and remand of a False Claims Act case accusing the company of seeking reimbursement for poor care.