The Supreme Court overturned at lower court’s decision in Schindler Elevator v. US ex rel. Kirk, determining that “information obtained through a FOIA request cannot provide the basis for the personal knowledge private individuals must have to pursue an FCA case,” according to the report.
The False Claims Act has long included a public disclosure bar, and the recent decision sets a precedent that an FOIA request can trigger the bar. Essentially, the Court said FOIA-obtained information cannot be substituted for first-hand knowledge needed to bring False Claims cases.
The American Hospital Association filed an amicus brief opposing the lower court’s decision.
Read the AHA News Now report on the False Claims Act.
Related Articles on the False Claims Act:
10 Recent Stark, False Claims and Kickback Lawsuits Involving Hospitals and Health Systems
12 False Claims and Fraud Lawsuits Involving Physicians
