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In April, the US Supreme Court will hear Universal Health Services, Inc. v. United States and Massachusetts ex rel. Escobar and Correa, No. 15-7—an appeal that challenges the validity of the “implied certification” theory, which False Claims Act (FCA) plaintiffs have persuaded many federal courts to adopt in order to impose liability on government contractors, health care providers, and other defendants that receive payments from the federal government.

The Court will address two specific issues: (i) whether implied certification is a viable theory of liability under the FCA, and if so, (ii) whether compliance with a contract term, regulation or statute must be an express condition of payment in order to establish that a claim for payment or reimbursement is legally false.

Join us as our panel of experienced FCA defense counsel and insightful industry experts:

• Discuss the judicial evolution of the implied certification theory, and the specific issues that the Supreme Court will be addressing in the Universal Health Services case
• Summarize key legal arguments before the Court, including the position of the United States
• Highlight the far-reaching implications of a favorable—or an unfavorable—Supreme Court ruling

Following the panel discussion, there will be opportunities for Q&A.

To enhance your understanding of this landmark case, the Dentons Government Contracts, Health Care, and Litigation practices, in conjunction with the Professional Services Council, are presenting the webinar prior to April’s Supreme Court hearing.

Moderator:

Tami Lyn Azorsky, Partner, Dentons

Panelists:

Alan L. Chvotkin, Executive Vice President & Counsel, Professional Services Council
Roger Waldron, President, Coalition for Government Procurement
Sean C. Cenawood, Partner, Dentons

This free webinar will be of particular interest to government contractors, health care providers, and federal research grant recipients.