Supreme Court Upholds Knowledge Standard in False Claims Act Cases

The False Claims Act (FCA) is the government’s primary tool for fighting fraud, and a recent attempt to shift the knowledge standard in FCA cases was rejected by the Supreme Court. The potential impact of this decision cannot be overstated.

The knowledge standard in FCA cases is crucial, and being able to create an "objectively reasonable interpretation after the fact" would have made the FCA almost moot. The Supreme Court’s decision preserves the current knowledge standard, which means that those who knowingly provide false information to the government can be held accountable for their actions. 

This decision ensures that DOJ can continue to pursue those it believes knowingly provided false information to the government. In a time when the government is actively pursuing healthcare fraud and abuse cases, it is more important than ever for healthcare providers to have clear compliance policies and protocols in place.