Supreme Court of the United States · Official docket →
United States, ex rel. Stacey L. Janssen, as Special Administrator of the Estate of Megen Corin Duffy v. Lawrence Memorial Hospital
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-3011 · judgment February 7, 2020
Before the decision, about 3.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a circuit split argued in the petition, and a Tenth Circuit decision below.
Question presented
Universal Health Services, Inc. v. Escobar, 136 S.Ct. 1989, 2002 (2016) held that “[u]nder any understanding of the concept, materiality ‘look[s] to the effect on the likely or actual behavior of the recipient of the alleged misrepresentation.’ ” (quoting 26 R. Lord, Williston on Contracts § 69:12, p. 549 (4th ed. 2003) (Williston)). The Court recognized that materiality, as employed in federal statutes including the False Claims Act, “descends from ‘common law antecedents’ ” (quoting Kungys v. United States, 485 U.S. 759, 769 (1988)), and discussed those antecedents in tort and contract law. Id. (citing Restatement (Second) of Torts § 538, at 80 and Restatement (Second) of Contracts § 162(2), and Comment c, pp. 439, 441 (1979)). The Petition presents the following questions: Whether a Medicare provider’s knowing falsifications of hospital patient arrival times, known by the hospital to be material to statutory quality reporting programs directly affecting the hospital’s Medicare reimbursement rate, are immaterial under the False Claims Act, as held by the Tenth Circuit in conflict with the Fifth, Eighth, Ninth, and Eleventh Circuits, absent additional evidence of impact on the payment behavior of the decisionmaking agency. Whether change in payment behavior of the Government is the controlling factor in determining materiality under the False Claims Act, as held by the Tenth Circuit, or whether
Counsel of record
For petitioner
—
For respondent
Andrew R. Ramirez
Spencer Fane LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 05 2020Petition DENIED.
- Sep 09 2020DISTRIBUTED for Conference of 9/29/2020.
- Sep 04 2020Waiver of right of respondent Lawrence Memorial Hospital to respond filed.
- Aug 27 2020Petition for a writ of certiorari filed. (Response due October 5, 2020)