Category Archives: Pending Issues

District of New Mexico: Let’s Get Retro: FERA’s Retroactive Provision Applies to Cases, Not Claims, And Doesn’t Violate the Constitution

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It is always refreshing to see a district court judge admit to making a mistake and take prompt action to correct it. In United States ex rel. Baker v. Community Health Systems, a case we’ve covered before, the District of New Mexico reversed course on a hot legal topic in FCA litigation–the proper interpretation of [...]

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Condition of Payment vs. Condition of Participation in the Tenth Circuit

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Courts confronting implied false certification claims under the False Claims Act have long applied the distinction between “conditions of payment,” which can support an FCA claim, and “conditions of participation,” which cannot. This distinction first arose in the healthcare field where Medicare/Medicaid regulations often distinguish strict prerequisites to payment from more general minimum health and safety standards. (This [...]

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