Mark Fitzgerald analyzes Supreme Court decision on the “implied certification theory” under the False Claims Act
On June 16th, 2016, the Supreme Court issued a unanimous opinion in Universal Health Services v.United States ex rel. Escobar upholding implied false certification in False Claims Act (“FCA”) cases. The Court, in an opinion authored by Justice Clarence Thomas, ruled in favor of whistleblowers who relied upon an implied certification theory to allege that Universal Health Services had submitted false Medicaid claims.
