Insights
White Collar Principals Newcomer and Rowland Examine Worthless Services and the False Claims Act for the ABA's White Collar Crime Committee Newsletter
In the Summer/Fall 2015 issue of the American Bar Association's (ABA) White Collar Crime Newsletter, White Collar Principals Matthew T. Newcomer and Barbara Rowland examined the current state of the worthless services and quality of care theories of False Claims Act Liability. The article examines, "recent decisions, and attempts to distill the current impediments - and opportunities - for prosecutors and qui tam relators attempting to bring 'quality of care' or 'worthless services' FCA actions against healthcare providers."
The authors note:
"The government’s continued success in obtaining settlements based on “quality of care” or “failure of care” theories of FCA liability stand in contrast to the federal judiciary’s increasing reluctance to recognize FCA allegations based on services that allegedly did not meet a certain standard of care....notwithstanding the string of arguably defense-friendly judicial decisions, the federal government and whistleblowers alike will continue to adapt their theories to pursue these lucrative claims."
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