Amici To High Court: Misinterpreting Medicare ‘Ambiguous Law’ Not FCA Fraud

Mealey's (March 31, 2023, 1:30 PM EDT) -- WASHINGTON, D.C. — Multiple amici curiae that filed briefs in support of respondent pharmacies argue that misinterpreting an ‘ambiguous law’ is not fraud in whistleblowers’ qui tam actions asking the U.S. Supreme Court to overturn the Seventh Circuit U.S. Court of Appeals’ decisions affirming judgments for pharmacies in consolidated cases alleging that the pharmacies were fraudulently overcharging Medicare, Medicaid and the Federal Employee Health Benefits Program (FEP) for prescription drugs in violation of the False Claims Act (FCA)....