False Claims Act and Scienter After SuperValu: Applicability, Limitations, Considerations for Healthcare Providers

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Thursday, August 3, 2023

Recorded event now available

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Course Materials

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.

Description

On June 1, 2023, the U.S. Supreme Court in U.S. ex rel. Schutte v. SuperValu Inc. clarified the scienter standard for defendants accused of knowingly submitting false claims to the government. The Court unanimously held that the question of scienter under the FCA turns on a person's subjective beliefs, rejecting certain defenses based on an objective reasonableness standard.

A defendant meets the scienter requirement if its subjective beliefs indicate it had knowledge that its submission of claims was "false or fraudulent." The Court also provided new standards for what may constitute "deliberate ignorance" or "reckless disregard" under the FCA's knowledge prong.

While the Court clarified the standard, it failed to provide much guidance as to what this means in practice. Healthcare providers and others who do business with the federal government must continue to consider difficult questions in their compliance efforts.

Listen as our authoritative panel of healthcare attorneys examines the recent Supreme Court decision in SuperValu and the 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 FCA violations in light of the decision.

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Outline

  1. U.S. ex rel. Schutte v. SuperValu Inc.
    1. Application
    2. "Unjustifiably high risk"
    3. Implications for compliance
    4. Implications for FCA litigation
  2. Scienter standard
  3. Practical considerations for healthcare providers
  4. 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

Knowles, Matthew
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

McLane, Laura
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

Wallace, Monica
Monica A. Wallace
Partner
McDermott Will & Emery

Ms. Wallace focuses her practice on complex regulatory and transactional counseling to health care...  |  Read More

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