Bass, Berry & Sims attorney Matt Curley commented on the application of the materiality standard announced in Universal Health Services, Inc. v. U.S. ex rel. Escobar, the Supreme Court’s landmark False Claims Act (FCA) opinion issued in June 2016. As Matt points out in the article, while few courts have yet to cite the Universal Health case, “‘defendants are already seizing on it as one of the key ways to defeat alleged FCA violations based on allegations of non-compliance with regulatory requirements or contractual obligations.'”
The full article, “Analysis: No Harm, No Fraud If U.S. Continues to Pay?” was published by Bloomberg BNA on October 18, 2016, and is available online.