U.S. Supreme Court: FCA Falsity Shown By ‘Usual And Customary’ Pricing Knowledge

Mealey's ( June 1, 2023, 12:54 PM EDT) -- WASHINGTON, D.C. —  A unanimous U.S. Supreme Court on June 1 ruled that pharmacies accused of fraudulently overcharging Medicare, Medicaid and the Federal Employee Health Benefits Program for prescription drugs in violation of the False Claims Act (FCA) “could have the scienter required by the FCA if they correctly understood” the standard of “usual and customary” drug prices when billing Medicare and Medicaid and thought that “their claims were inaccurate.”...