Implied False Certification: How Non-Compliance with Licensure and Certification Requirements May Constitute a Violation under the False Claims Act (June 2017)
Last year, the U.S. Supreme Court handed down a unanimous decision in the case of Universal Health Services vs. Escobar that upheld the theory of implied false certification under the False Claims Act (FCA). Under that theory, non-compliance with applicable legal requirements can render claims false because the claims imply certification of compliance with material relevant statutes, regulations or contract requirements. The decision expands the risk of liability under the FCA because compliance with regulatory requirements become conditions of payment. Health centers are most at risk when a claim makes specific representations about the goods or services (such as the proper licensure of employees or the health center) because the health center’s failure to disclose noncompliance makes those representations misleading half-truths.
This webinar will provide an overview of the Supreme Court decision, provide examples of the types of cases in which this theory has been successfully applied, and identify specific licensing and certification requirements applicable to health centers that could form the basis for FCA liability under the theory of implied false certification.
Adam J. Falcone is a partner in FTLF’s national health law practice group, where he counsels a diverse spectrum of community-based organizations that render primary and behavioral healthcare services. Adam counsels clients on a wide range of health law issues, with a focus on fraud and abuse, reimbursement and payment, and antitrust and competition matters. [Full Bio]
Certificates of Attendance are available for all webinars (both live and recorded) for the registered attendee upon completion of the webinar.
A blank Certificate of Attendance will be available for organizations to issue to attendees that viewed the webinar (either live or on-demand). Due to the online nature of the training course, Feldesman Tucker Leifer Fidell LLP does not certify that the attendee actually viewed the course. A supervisor at the organization should sign the certificate, and therefore, certifies that the attendee viewed the course.
Attendance record forms are available for all webinars (live and on-demand) and can be utilized to record the attendance of numerous staff members for internal purposes.
Recorded webinars are available for 60 days after the date of purchase or date of the webinar. Once your purchase is complete, you can re-access the webinar at any time by clicking “My Account” in the upper right hand corner of the page or by selecting it from the “My Training” box on the FTLF Learning Center homepage.
An unlimited number of participants can experience a live or recorded webinar by broadcasting it on a projection screen and watching it together. A single login can gain access to the webinar and be issued a certificate. The record of attendance form can be accessed under the certificate link within the activity. For information on registering for live and recorded webinars, please refer to our FAQ section.
If you selected a payment option other than Credit Card, access to the on-demand webinar will be granted within 3 business days. Once you are granted access you will receive a confirmation email. FTLF reserves the right to suspend access to the webinar if payment is not received within 30 days.
REFUND/ CANCELLATION POLICY
No refunds are provided for recorded webinars. FTLF can accommodate transferring the registration to someone else within your organization or transferring the registration to another on-demand or upcoming live webinar provided that the webinar has not been viewed.
Google Chrome and Mozilla Firefox are the preferred browsers.