Bass, Berry & Sims attorney Brian Roark provided insight on how the U.S. District Court for the Middle District of Florida applied the Escobar materiality standard in a case alleging Medicare fraud involving Consulate Health Care. As Brian stated in the article, the Consulate decision “and other recent decisions are beginning to restore sanity to FCA jurisprudence… Escobar ‘is delivering a dose of reality to FCA analysis and changing the focus from whether the government might have denied a claim to whether that is actually happening in practice.'”
The full article, “Consulate Health Care Absolved in $348M Medicare Fraud Case,” was published in the Bloomberg BNA Health Law Resource Center on January 12, 2018, and is available online.