The US Supreme Court is set to hear oral arguments on April 19 in Universal Health Services, Inc. v. United States ex rel. Escobar, a key case addressing the implied certification theory of liability under the False Claims Act. Under that theory, a person or entity can be held liable for failing to comply with statutory, regulatory, and contractual requirements that are pre-conditions of payment.

As the case law and briefs show, the parties, the government, and the lower courts remain at odds, while the health care industry and government contractors are looking for the Supreme Court to place firmer limits on the implied certification theory or overturn it altogether.

To read our analysis of the case that was published by The American Health Lawyers Association, click here.

Arent Fox’s False Claims Act group will continue to monitor this case and other False Claims Act enforcement actions, court decisions, and guidance.