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September 12, 2019

Eleventh Circuit Affirms Expert Testimony Determination

In United States v. AseraCare, Inc., the Court of Appeals for the Eleventh Circuit reviewed whether a hospice provider that certifies a patient as terminally ill can trigger the FCA when such a certification is based on the physician’s or medical director’s clinical judgment of the patient’s illness. The Court affirmed that the government must show that such clinical judgment was objectively false and that a mere difference of reasonable opinion between physicians, without more, does not constitute an objective falsehood.