The Supreme Court denied a closely watched petition to review the Third Circuit’s decision in United States ex rel. Druding v. Care Alternatives, a False Claims Act (FCA) case that created a circuit split around whether and when a medical opinion can be “false.” On the heels of this denial, health care providers should take stock of how the Third Circuit’s decision lowers the bar for the government and qui tam relators to survive summary judgment in cases involving clinical decision-making.
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