Universal Health Services v. Escobar: Avoiding Implied Certification Liability Under FCA
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Monday, July 25, 2016
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This course will examine the Universal Health Services Inc. v. United States ex rel. Escobar decision and its impact on implied certification liability under the False Claims Act (FCA) and will provide guidance on the Court's refined theory of implied certification, the preconditions for its application, and the materiality requirement.
On June 16, 2016, the Supreme Court resolved a circuit split when it issued a unanimous decision in Universal Health Services, adopting a form of the implied certification theory under the FCA. The Court emphasized the importance of materiality and identified two preconditions for the application of its new standard for implied false certification liability.
Our presenter will review these and other key issues:
- The new standard for implied false certifications set by the Court in Universal Health
- Guidance on the application of the decision and what it could mean for FCA liability
- The role of materiality in the scope of FCA liability
- Best practices for assessing and managing FCA risks and developing a robust doctrine of materiality to limit exposure
