Insights

In a long-awaited opinion, on September 9, 2019, the U.S. Court of Appeals for the Eleventh Circuit in United States v. Aseracare, Inc., et al, unanimously vacated AseraCare’s False Claims Act (FCA) victory and remanded the case for further proceedings.[1]  While this might seem a victory only for the Government at first blush, the opinion contains key takeaways for defendants that will likely reach far beyond just this case.

On January 30, 2017, President Trump issued an Executive Order informing agencies that “for every one new regulation issued, at least two prior regulations” must “be identified for elimination.” Details of this are discussed more fully in our blog post. According to the Order, guidance on implementation will be forthcoming from the Director of the Office of Management and Budget.

On September 30, OMB issued interim guidance on reviewing reports submitted by contractors pursuant to the American Recovery and Reinvestment Act requirements. In addition to providing guidance on the scope of agency review, the memo sets forth a tight schedule for agency review and comment and gives contractors a three-day window to respond to agency comments, all of which will be made public on federalreporting.gov.