Hospice: Rule 9(b) Application In FCA Suit Not Apt To Cure Circuit Split

Mealey's (December 15, 2021, 2:38 PM EST) -- WASHINGTON, D.C. — U.S. Supreme Court review of an 11th Circuit U.S. Court of Appeals’ ruling affirming the dismissal of a False Claims Act (FCA) lawsuit against a hospice that allegedly paid illegal kickbacks to physicians for referrals and submitted fraudulent claims to Medicare is not warranted because although there may be a split among the federal circuit courts as to how to apply Federal Rule of Civil Procedure 9(b) in FCA cases, the instant action is a “poor vehicle to resolve them,” the hospice argues in a Dec. 13 opposition brief filed in the Supreme Court....