Split 5th Circuit Says FCA Tolling Bars Some Claims Against Hospital

(August 23, 2023, 1:42 PM EDT) -- NEW ORLEANS — A split Fifth Circuit U.S. Court of Appeals affirmed in part a district court’s judgment in favor of the government but dismissed for lack of jurisdiction a separate judgment consolidated on appeal, finding that the materiality and scienter requirements of the federal False Claims Act (FCA) were satisfied but that the district court erred in applying the statute’s tolling provision in a suit alleging that a hospital and its owners and officers violated the FCA by submitting false reports for Medicare reimbursement....