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Eighth Circuit

Eighth Circuit: Public Disclosure Bar Includes Public Commission Testimony

[06/28/14]

Posted on June 28, 2014 in False Claims Act Defense

Written by: Drew B. Howk

The Eighth Circuit affirmed that a Missouri regulatory commission’s publication of hearing testimony was “news media” sufficient to trigger the False Claims Act’s public disclosure bar. The False Claims Act includes a provision that bars FCA actions by qui tam relators if the subject matter of the action has been sufficiently disclosed by a... READ MORE

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Eighth Circuit: Regulatory Noncompliance Does Not Violate FCA

[09/16/13]

Posted on September 16, 2013 in False Claims Act Defense

Written by: Drew B. Howk

The Eighth Circuit’s recent decision adds to a growing body of case law rejecting FCA relator allegations of regulatory noncompliance as the basis for FCA claims. It reinforces the position that when health care providers reasonably interpret complicated and confusing billing guidelines and regulations, they cannot violate the FCA. READ MORE

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