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"The False Claims Act: A Proper Tool for Enforcing Health Care Quality Standards?"

Brian Stimson (Alston & Bird) has a working paper from WLF (press release) on how prosecutors are using the False Claims Act "as a tool for enforcing compliance with federal health care quality standards". Under something known as the "implied false certification doctrine," accepted by some courts, "implied misrepresentations of statutory, regulatory, and contractual compliance are as actionable as express falsehoods" -- which can have the effect of turning the FCA into a general federal health law barbed with treble-damage provisions as well as per-incident fines, even in cases where patients were not harmed or duplicative or unneeded services billed for.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.