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United States First Circuit


US, ex rel. Escobar v. Universal Health Servs., Inc., 14-1423

On remand from the U.S. Supreme Court, in a qui tam action brought by family of deceased plaintiff, who died of a seizure after receiving mental health treatment, against a health insurer under the False Claims Act (FCA), alleging that the facility had employed unlicensed and unsupervised personnel, in violation of state regulations, and that defendant had fraudulently submitted reimbursement claims to the Commonwealth, despite knowing that they were in violation of relevant state regulations dealing with mental health and counseling facilities, the district court's grant of defendant's motion to dismiss is reversed where, applying the Supreme Court's guidance on the question of whether defendant's misrepresentations were material, relators' complaint sufficiently states a claim under the FCA.

Appellate Information

  • Decided
  • Published 2016/11/22

Judges

  • STAHL

Court

  • United States First Circuit

Counsel

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