Our team acted as lead counsel for a large long-term care company named as a defendant in a False Claims Act (FCA) qui tam action involving allegations of medically unnecessary services and improper billing. After conducting an internal investigation, we successfully advocated that the allegations lacked merit, thus leading the Department of Justice and a State Attorney General’s Office to decline to intervene in the matter.
Successful Declination of Qui Tam for Long-Term Care Company
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Lead counsel representing emergency department provider and other defendants in qui tam lawsuit alleging violation of licensure laws caused submission of false claims. District court dismissed allegations against the emergency department provider on grounds that alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s Escobar decision. U.S. ex rel. Taylor v. Boyko, 2019 WL 2423283 (S.D. W. Va. Jun. 6, 2019).