Implied Certification in False Claims Act Cases – A Review of the U.S. Supreme Court’s Decision in Escobar

Teague Campbell

In Universal Health Services Inc. v. United States ex rel Escobar, the U.S. Supreme Court considered a False Claims Act (“FCA”) prosecution under the “implied certification theory”. Under this theory, when a provider certifies a claim for submission he or she is not only certifying the elements of the claim presented on the page but…