Health Care/Health Care Litigation Advisory: Update on the AseraCare False Claims Act Litigation – A Win for AseraCare and Health Care Providers

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In November 2015, we published a client advisory on the closely watched AseraCare litigation and its potential impact on the falsity element under the False Claims Act (FCA). AseraCare involves allegations that a hospice admitted patients who were not eligible for the Medicare hospice benefit and examines whether the government must show more than a mere difference between physicians’ opinions regarding a patient’s eligibility to establish falsity under the FCA. The court made a number of significant rulings—the most notable was in October of last year when it reopened summary judgment arguments and vacated a jury award that sided with the government. The court determined it “committed major reversible error in the jury instructions” by failing to instruct the jury that an “objective falsehood”— and not a mere difference of opinion among physicians—is required to establish falsity under the FCA.

Please see full advisory below for more information.

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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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