Government Contracting Law Report Publishes Article by Robert Salcido on Pair of FCA Appeals Court Rulings
Government Contracting Law Report has published the article “Recent Significant Case Law Developments Regarding What Constitutes a Reckless Interpretation of a Law and When Retention of an Overpayment Violates the False Claims Act,” written by Akin Gump health partner Robert Salcido. The article discusses two recent decisions by the U.S. Court of Appeals for the 8th Circuit pertaining to the False Claims Act (FCA) that validate important principles regarding the scope and proper application of the Act.
In the article, Salcido details what evidence the government or a relator must establish to prove that a defendant “recklessly” interpreted a statute or regulation in violation of the FCA. He also explains when a defendant’s reasonable interpretation of an ambiguous statute or regulation can provide the defendant with a dispositive defense under the FCA. Finally, Salcido discusses the latest developments in case law regarding when a health care business is required to remit an overpayment to the government or incur potential liability under the FCA.