AseraCare Lawsuit Delivers Landmark Decision Favorable to Hospice Industry

FRISCO, Texas–(BUSINESS WIRE)–AseraCare is pleased to announce that the hospice industry will now have more clarity under the False Claims Act as a result of the opinion issued by the Eleventh Circuit Court of Appeals on September 9, 2019. The Eleventh Circuit agreed with AseraCare and the District Court that a mere difference of reasonable physician’s opinions on a terminal patient’s prognosis will not constitute falsity under the False Claims Act. This opinion provides comfort for the physicians who are making these difficult determinations related to terminally ill patients as well as the hospice providers who are reimbursed by Medicare for services for these patients. The Court of Appeals also clarified that any other evidence presented by the government in an effort to impose False Claims Act liability must be directly linked to the claim the government contends is false. A summary legal analysis of the Eleventh Circuit opinion can be accessed here:



Kelli Luneborg-Stern


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