Eleventh Circuit: Expert Disagreement With Clinical Judgment Of Care Provider Not Necessarily An Indication Of Fraud
Published: Oct 30, 2019
The Eleventh Circuit’s recent decision in United States v. Aseracare, Inc., No. 16-13004 (11th Cir. Sept. 9, 2019) makes clear that reasonable minds can disagree in the exercise of clinical judgment without constituting actionable fraud in medical certifications for reimbursement by Medicare. The False Claims Act (FCA) allows the state and...