False Claims Act and Scienter After SuperValu: Applicability, Limitations, Considerations for Healthcare Providers
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide healthcare counsel on the Supreme Court's recent decision in U.S. ex rel. Schutte v. SuperValu Inc. and its implications for the healthcare industry. The panel will discuss the scienter standard, the applicability of the decision (or limitations), and practical considerations for healthcare providers. The panel will also discuss managing the risk of False Claims Act (FCA) violations in light of the decision.
Outline
- U.S. ex rel. Schutte v. SuperValu Inc.
- Application
- "Unjustifiably high risk"
- Implications for compliance
- Implications for FCA litigation
- Scienter standard
- Practical considerations for healthcare providers
- Managing risk of FCA violations
Benefits
The panel will review these and other critical issues:
- What lessons can healthcare counsel draw from the Supreme Court's decision when ensuring compliance under the FCA?
- What are the limitations of the Supreme Court's decision?
- What steps should counsel take when managing uncertainty and ambiguity under complex (and sometimes contradictory) regulatory structures?
Faculty
Matthew L. Knowles
Partner
McDermott Will & Emery
Mr. Knowles focuses his practice on high-stakes commercial litigation as well as government and internal... | Read More
Mr. Knowles focuses his practice on high-stakes commercial litigation as well as government and internal investigations. He represents clients in a broad range of civil and criminal proceedings at the trial and appellate levels in federal and state courts across the country, including class actions and other complex matters.
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Laura McLane
Partner
McDermott Will & Emery
Ms. McLane heads the Boston Litigation Practice Group and is a nationally renowned False Claims Act (FCA) litigator in... | Read More
Ms. McLane heads the Boston Litigation Practice Group and is a nationally renowned False Claims Act (FCA) litigator in healthcare and life sciences enforcement matters. For more than 20 years, she has represented clients in healthcare, securities and other government investigations and litigation. Clients call Laura “an exquisite lawyer, very smart and incisive” (Chambers USA).
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Monica A. Wallace
Partner, Healthcare Regulatory & Compliance Practice Area Leader
McDermott Will & Emery
Ms. Wallace focuses her practice on complex regulatory and transactional counseling to healthcare organizations,... | Read More
Ms. Wallace focuses her practice on complex regulatory and transactional counseling to healthcare organizations, including health systems, hospitals, ambulatory surgery centers, physician groups, dental providers, behavioral health clients, integrated delivery systems, academic medical centers, DMEPOS and pharmaceutical manufacturers and suppliers, home health agencies, and venture capital and private equity firms and their health-related portfolio companies. She concentrates her regulatory practice on healthcare fraud and abuse, Medicare and Medicaid enrollment, reimbursement and billing, legal assessments and audits, compliance programs, and other general regulatory matters including licensure, survey/certification and accreditation. Ms. Wallace’s transactional practice includes mergers, acquisitions and affiliations, divestitures, hospital/physician joint ventures and corporate reorganization.
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