Supreme Court to Weigh In on 'Implied Certification'

The U.S. Supreme Court will resolve a split among appellate circuits over whether a care provider who filed a claim for reimbursement but failed to comply with a requirement that the government not expressly identify a condition of payment had violated the False Claims Act. Most of the circuits – including the 1st, 4th and D.C. Circuits – treat a claim of "implied certification" as a viable FCA action. The idea is that the provider who submits a request for payment is implicitly asserting it has complied with all the statutory, regulatory and contractual re...