11th Circuit: ACA Changes To FCA Prospective, Eliminated Absolute Bar

Mealey's (June 16, 2015, 9:24 AM EDT) -- ATLANTA — The Patient Protection and Affordable Care Act (ACA) eliminated the absolute bar to False Claims Act (FCA) actions involving publically available information and operate prospectively, the 11th Circuit U.S. Court of Appeals held Jan. 16 (United States of America v. Humana Inc., et al., No. 13-15278, 11th Cir.; 2015 U.S. App. LEXIS 716).

(Opinion available. Document #93-140128-003Z.)

Marc Osheroff filed a sealed qui tam suit in December 2010 against Humana Inc. clinics operating in the Miami area. Osheroff claimed that he operates medical office...
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