Gordon & Rees Austin associate Jennifer Foster authors "When are Omissions Material?: Implied Certification Claims and the False Claims Act" published in the Defense Research Institute's issue of RX for the Defense (January 27, 2017, Volume 25 Issue 1).
Foster presents the history and origin of the False Claims Act, the implied certification theory, and the United States Supreme Court’s recent decision on the applicability of this theory as expressed in Universal Health Services v. United States ex rel. Escobar. She explains the advantages and challenges of the implied certification theory, especially following Escobar, stressing that "False Claims Act lawsuits will continue to require vigilance for any government contractor or entity that receives federal funds for goods and services, like healthcare providers who accept Medicaid funding."
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