Description: Proskauer's Health Care Law Brief provides timely information on recent changes in the law, and regulatory, judicial and industry developments regarding a variety of topics, such as reimbursement, telehealth, fraud and abuse and private equity.
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Proskauer's perspective on health care law and business
In a unanimous opinion, the United States Supreme Court (“ Court ”) recently held that the False Claims Act’s (“ FCA ”) scienter requirement refers to a defendant’s knowledge and subjective beliefs , rather than what a hypothetical reasonable person could have known or believed. As supported by the text of the FCA itself and by its common‑law roots, the Court explained that the “focus is what a defendant thought when submitting a claim—not what a defendant may have thought after submitting it.” Consequent
Continue Reading The Supreme Court’s Ruling Narrows Available FCA Scienter Defenses
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