Quality of Service Deficiency Rejected as Basis for False Claim
Client Alert | 1 min read | 01.12.02
The Second Circuit Court of Appeals has rejected allegations that a health care provider violated the False Claims Act by billing Medicare for health services deficient in quality. United States ex rel. Mikes v. Straus (Dec. 19, 2001).
Government prosecutors and qui tam relators have been increasingly creative in their use of the federal False Claims Act as a means of policing the healthcare industry. Prosecutors have gone so far as to assert that in filing a claim for payment with the government, the claimant certifies that it is operating in conformance with all laws and regulations the claimant is otherwise obligated to abide by, however unrelated to the claim submission those other legal obligations might be. Aggressive prosecutors argue that if this can be proven not to be the case, such a claim has been filed "falsely." Of particular note has been the government's recent positing that "quality of care" deficiencies may give rise to False Claims Act prosecutions.
The attached summary of the Mikes decision makes clear that the False Claims Act cannot be utilized indiscriminately as an enforcement weapon for prosecutors or relators to test a claimant's conformance with all legal obligations. In Mikes, the court specifically chides the government for seeking to use the FCA to enforce quality of care standards "best addressed by those professionals most versed in the nuances of providing adequate health care." This decision should assist significantly in redefining the fair bounds for the application of the False Claims Act in the healthcare arena.
Full case summary, provides further detail on this important False Claims case decision.
Insights
Client Alert | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
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