Mealey's Elder Law - 11th Circuit: New Trial Needed In Suit Debating Terminal Illness Diagnoses

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Sept. 9 vacated a federal judge in Alabama's sua sponte decision to award summary judgment to a nursing facility accused of submitting claims to Medicare for the treatment of elderly patients who were falsely diagnosed as terminally ill, finding that a new trial should be held that considers all of the evidence the government has to support its claim for falsity under the False Claims Act (FCA) (United States v. AseraCare Inc., et al., No. 16-13004, 11th Cir., 2019 U.S. App. LEXIS 27074).
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