Ninth Circuit Requires Documented Protested Costs or Risk False Claims Liability


In U.S. v. Borseau, the Court of Appeals for the Ninth Circuit recently upheld

False Claims Act (FCA) liability for a Provider that failed to properly document

disputed items on cost reports. The Borseau case serves as a cautionary tale

for providers, especially since the new Provider Reimbursement Review Board

(PRRB) rules are likely to increase the number of cost reports filed under

protest. Thomas W. Coons and Mark A. Stanley of Ober|Kaler discuss the implications for health care providers.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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